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Epilepsy / Seizure Disorder VA Disability Rating
DC 8910-8914 | 38 C.F.R. § 4.124a | M21-1, Part IV.ii.3
OVERVIEW
Epilepsy and seizure disorders are rated under DC 8910 (grand mal/generalized tonic-clonic) or DC 8911 (petit mal/absence seizures) based on the frequency of seizures. Common causes in veterans include TBI, blast exposure, and post-traumatic epilepsy. The rating is driven entirely by seizure frequency over the past year.
RATING CRITERIA (6 LEVELS)
100% -- Averaging 1+ major seizure per month over last year
Averaging at least one major seizure per month over the last year. A major seizure is the generalized tonic-clonic convulsion with unconsciousness (grand mal equivalent under DC 8910).
80% -- 1 major seizure per 3 months or 10+ minor seizures weekly
Averaging at least one major seizure in three months over the last year; OR more than 10 minor seizures weekly.
60% -- 1 major seizure per 4 months or 9-10 minor seizures weekly
Averaging at least one major seizure in four months over the last year; OR 9-10 minor seizures per week.
40% -- 1-2 major seizures in last year or 5-8 minor seizures weekly
At least one major seizure in the last 6 months or 2 in the last year; OR averaging at least 5 to 8 minor seizures weekly.
20% -- 1 major seizure in 2 years or 2+ minor seizures in 6 months
At least one major seizure in the last two years; OR at least two minor seizures in the last 6 months.
10% -- Confirmed diagnosis with history of seizures
Confirmed diagnosis of epilepsy with a history of seizures. When continuous medication is necessary for seizure control, minimum evaluation is 10%.
KEY EVIDENCE TO GATHER
-EEG studies showing epileptiform activity
-Neurology records documenting seizure frequency, type, and duration
-Medication records for anticonvulsants (levetiracetam, valproate, carbamazepine, lamotrigine)
-Service records showing TBI, blast exposure, or head injury (for post-traumatic epilepsy)
-Seizure diary with dates, descriptions, and witness statements
SECONDARY CONDITIONS (3 MAPPED)
DC 9434/9413
Epilepsy has extremely high comorbidity with mood disorders.
DC N/A
Seizures and anticonvulsant medications affect memory and cognition.
DC N/A
Inability to drive due to seizures significantly impacts employability (supports TDIU).
C&P EXAM TIPS (4)
1.Keep a detailed seizure diary: date, time, type (grand mal vs petit mal), duration, witnesses, recovery time.
2.Post-traumatic epilepsy from TBI has a direct nexus to service. No additional nexus opinion needed if TBI is already service-connected.
3.The rating is based on seizure FREQUENCY over the past year. More seizures = higher rating.
4.If seizures prevent you from driving or working, document the occupational impact for potential TDIU.
RELEVANT CASE LAW
38 C.F.R. 4.124a, DCs 8910-8911, General Rating Formula for Major and Minor Epileptic Seizures
Rate on frequency of major and minor seizures. Minimum 10% when continuous medication required. Separately rate organic brain syndrome and psychoneurotic disorders shown secondary to epilepsy.
DOLLAR IMPACT
Epilepsy at 40% pays $795.38/mo. At 80%, $2,102.15/mo. At 100%, $3,938.58/mo. One of the few conditions that can independently reach 100%.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026