Epilepsy VA Rating -

Epilepsy (and seizures) are a compensable condition by the U.S. Department of Veterans Affairs (the VA). Epilepsy VA ratings range from 10% to 100%.

Here, we describe how the VA assigns disability ratings for epilepsy and seizures, how you can apply for veterans disability benefits for service-connected epilepsy or other seizure conditions, what epilepsy is, and how it relates to other seizures.If you want to obtain a VA rating for epilepsy, call Stone Rose Law at (480) 498-8998 or use our contact form.

VA Ratings for Epilepsy and Seizure Disorders

The VA rates epilepsy and seizure conditions according to 38 CFR § 4.124a. If the VA approves your benefits claim, you can receive one of the following epilepsy VA ratings: 10%, 20%, 40%, 60%, 80%, or 100%.

The epilepsy VA disability rating you receive will depend on two main factors: the number of seizures you experience in a one-year period, and the severity of the seizures (major or minor).

All epileptic and seizure disorders are rated according to the following criteria:

VA Disability Rating	Minor Seizures (Petit Mal) and Frequency	Major Seizures (Grand Mal) and Frequency
10% Disability Rating	Requires constant medication to control seizures; or You have a definite or confirmed diagnosis of epilepsy with a history of seizures	Requires constant medication to control seizures; or You have a definite or confirmed diagnosis of epilepsy with a history of seizures
20% Disability Rating	2 in the past 6 months	1 in the past 2 years
40% Disability Rating	5 to 8 per week	At least 1 in the past 6 months, or 2 in the past year
60% Disability Rating	9 or 10 per week	An average of 1 every 4 months over the past year
80% Disability Rating	11 or more per week	4 to 11 in the past year, averaging on seizure every 3 months
100% Disability Rating	Not applicable	12 or more in the past year

A major seizure is one that affects the entire brain, like one that involves a loss of consciousness or uncontrollable shaking.
A minor seizure is one that only affects a part of the brain and involves symptoms like muscle twitching, repetitive movement, or falling.
If continuous medication is necessary to control epilepsy seizures, then the VA will assign a minimum disability rating of 10%.
If both major and minor seizures are present, the rating is based on the predominant type of seizure.

Total Disability Based on Individual Unemployability for Seizure Disorders (TDIU)

If your epilepsy disability does not qualify for a 100% VA disability rating, you may still qualify for total disability monthly compensation under TDIU.

TDIU VA benefits depend on whether you meet the following criteria:

Schedular TDIU

You cannot hold down substantially gainful employment; and either
Your epilepsy VA rating is at least 60%; or
You have a combined VA disability rating of at least 70%, and one of your individual disability ratings is at least 40%.

To get a better understanding of how the VA calculates combined disability ratings, see our VA Disability Calculator.

Extraschedular TDIU

In some cases, the VA may also consider you for TDIU total disability if your epilepsy symptoms are so severe and unique that they amount to a total disability even if you cannot qualify for schedular TDIU.

How to Make a VA Benefits Claim for Epilepsy

You can make a claim for epilepsy VA benefits based on a primary or secondary service connection.

Primary Service Connection for Epilepsy

To make a successful claim primary service connection claim for VA disability benefits for epilepsy, you need to show the following to the VA:

You have a current medical definite diagnosis of epilepsy.
The existence of an in-service event, illness, or injury that caused the onset of your epilepsy condition.
A medical connection or nexus between your current epilepsy symptoms and the in-service illness, injury, or event.

To diagnose epilepsy, a medical doctor must have witnessed a seizure event, have performed neurological testing on you, and have documented the frequency and severity of your seizure symptoms.

Your doctor can use the VA Disability Benefits Questionnaire for Epilepsy when diagnosing your epilepsy condition and documenting the medical nexus.

Secondary Service Connection for Epilepsy

If you already have a rating for a VA disability, then you may be able to establish a secondary service connection claim.

For example, one way to establish a secondary service connection would be if you have a VA disability rating for traumatic brain injury and can establish a connection between this disability and the development of your epilepsy condition.

What if the VA Denies My Benefits Claim for Epilepsy?

It is not uncommon for the VA to reject an initial disability benefits claim. If this happens to you, then you have different ways to appeal the VA decision:

You can request a higher-level review to have a senior claims adjudicator re-examine your claim without you submitting any new evidence for your claim.
You can make a supplemental claim, in which you include new and relevant evidence to support your original benefits claim.
You can make a formal appeal for a formal hearing before a veterans law judge.

Although it is possible to make an initial benefits claim on your own, if you must appeal a denied claim, we recommend that you hire an experienced VA appeals lawyer who can help you through the appeals process.

What is Epilepsy?

Epilepsy is a disorder of the central nervous system and the fourth most common neurological disorder in the world. During an epilepsy episode, you may experience unprovoked seizures that result from abnormal electrical brain activity.

How is Epilepsy Different from a Seizure?

Epilepsy describes a neurological disorder. A seizure is a single event that occurs as part of a broader neurological disorder. A seizure is a symptom of epilepsy.

For disability rating purposes, the VA does not distinguish between epilepsy and seizures.

How is Epilepsy Diagnosed?

Your doctor may make a confirmed diagnosis that you have epilepsy if you have two unprovoked seizures, or one unprovoked seizure with a high risk of more seizures.

What Causes Epilepsy in Veterans?

Although epilepsy can be related to physical causes, like a traumatic brain injury or a stroke, in many cases, it has no known origin. Genetic factors, cerebral palsy, infectious diseases, or other sources may cause epilepsy.

Some of the common sources of epilepsy in veterans include:

Head trauma, like traumatic brain injury; these can result from accidents, falls, explosions, or other concussive effects
Post-traumatic stress disorder (PTSD)
Exposure to infectious diseases, like malaria
Strokes
Substance abuse of alcohol or prescription drugs
Nutritional deficiencies, especially of vitamin B6, calcium, or magnesium
Brain tumors
Exposure to neurotoxins

What are the Common Symptoms of an Epilepsy Seizure?

An epilepsy seizure can result in any of the following manifestations:

Feelings of anxiety or fear that immediately precede a seizure, sometimes referred to as an aura effect that can also involve sudden emotional changes, feelings of “déjà vu,” and unusual sensations in taste or smell. These symptoms are sometimes referred to as sensory epilepsy.
Temporary confusion or disorientation, including trouble speaking or understanding others, staring blankly, and being unable to respond to stimuli.
Stiff or rigid muscles that cause the body to tense up.
Sudden jerking movements, convulsions, or violent muscle contractions, including twitching in the arms or legs.
Repetitive movements or behaviors like chewing movements, lip-smacking, or picking at clothing.
Mild or severe uncontrollable shaking throughout the entire body.
Loss of bladder or bowel control.
Loss of consciousness.
Changes in sensation, like a feeling of numbness or tingling.
Headaches, nausea, and vomiting.

Types of Epilepsy Seizures

Seizures can be categorized into two main groups: general and focal.

General Seizures

General seizures can occur as any of several subtypes:

Petit mal seizures (absence seizures). VA diagnostic code: 8911. These usually happen in children and involve brief and sudden lapses in attention.
Grand mal seizures (tonic-clonic seizures). VA diagnostic code: 8910. These can lead to loss of consciousness, body stiffening and shaking, and occasionally a loss of bladder control or biting of the tongue.
Tonic seizures. These include muscle stiffening, usually in the arms, legs, and back.
Clonic seizures (also known as psychomotor epilepsy). VA diagnostic code: 8914. These involve repetitive, rhythmic, or jerking muscle movements that often occur in the neck, face, and arms.
Myoclonic seizures. VA diagnostic code: 8911. Brief jerking or twitching movements in the arms and legs.
Atonic seizures (drop seizures). VA diagnostic code 8911. Because of a temporary loss of muscle tone, you may suddenly collapse.

Focal Seizures or Focal Motor Epilepsy

Focal seizures can take the form of simple partial seizures (focal onset aware seizures) and complex partial seizures (focal onset impaired awareness seizures).

In a simple partial seizure (also known as Jacksonian epilepsy, VA diagnostic code 8912), you retain consciousness and awareness of your surroundings but may experience emotional changes, changes in your sensory perceptions, and changes in your motor skills.
In a complex partial seizure (also referred to as diencephalic epilepsy, automatic epilepsy, vasomotor epilepsy, or focal dyscognitive seizures, VA diagnostic code 8913), you may experience changes in awareness, a loss of consciousness, seem dazed and unable to respond to your surroundings, or engage in repetitive movements.

Narcolepsy

Narcolepsy is not technically an epilepsy condition caused by abnormal brain electrical activity. It is actually a sleep disorder. Still, the VA assigns it the same diagnostic code as petit mal epilepsy, code 8911.

Daytime symptoms of narcolepsy can include excessive daytime sleepiness, drowsiness, sudden muscle weakness that can cause drooping of the limbs and head, impaired vision and speech, and momentary paralysis.

An infographic listing different types of epilepsy seizures.

Get Help With Your Epilepsy VA Disability Claim

If you need help filing a claim or appealing a denied claim for an epilepsy VA rating, then you need a VA disability benefits attorney from Stone Rose Law.

The veterans’ benefits attorneys at Stone Rose Law have the knowledge and experience to help you file your initial claim, supplemental claim, or denied claim appeal.Call Stone Rose Law at (480) 498-8998 today to talk with one of our VA-accredited attorneys, or use our contact form to ask a question or schedule a free initial consultation.