Getting a VA Disability Rating for Epilepsy and Seizures

If you’re a veteran who has seizures or who has been diagnosed with epilepsy, you could be eligible for VA compensation. This post discusses the relationship between active duty and these conditions. It also explains the epilepsy VA rating and the VA rating for seizures.

You completed your military service, returned home, and now you’re having seizures. You aren’t sure exactly why the seizures are happening, but you’re losing consciousness briefly and coming to, confused and scared. Now, you’re wondering if the episodes are related to your military service.

Veterans and epilepsy

Veterans are considered more at risk for seizures and epilepsy because they’re prone to traumatic brain injuries. A traumatic brain injury (TBI) results from a blow or bump to the head, a severe jolt of your body, or something penetrating your skull. The trauma doesn’t just break the bones of your skull, but it affects your brain functions. 

A TBI can increase the risk of seizures or epilepsy because of:

• Tissue damage. A TBI can cause bleeding, bruising, or swelling that disrupts the brain’s normal signals, resulting in seizures.
• Chemical changes. A TBI can change how the brain cells function by causing chemical changes in the brain.
• Stimulating tissue. The impact that causes a TBI can stimulate the brain tissue of someone already prone to seizures, causing the condition to worsen and resulting in seizures that may have been held at bay before the injury.

The most common causes of TBIs include explosive blasts, falls, gunshot wounds, vehicle crashes, and assaults. Veterans can receive VA disability benefits for TBI.

While TBIs aren’t the only cause of seizures, they are a common one among veterans. Other causes include dementia, stroke, and infections. Some medications, including those used to treat depression, can also cause seizures. 

A study of veterans who served in Iraq and Afghanistan who later developed epilepsy found that they had poorer overall health, lower quality of life, and tended to die earlier. They also found that these veterans often had mental health disorders and recommended they receive regular medical and mental health services.

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Epilepsy VA rating

Having a seizure or even multiple seizures doesn’t mean you have epilepsy. Epilepsy is a neurological disorder that can be diagnosed after a person has multiple seizures more than 24 hours apart. In other words, you must have an ongoing history of seizures and show a specific type of activity in the brain to receive an epilepsy diagnosis.

Even though having seizures doesn’t mean you have epilepsy, the VA rates the conditions the same way. The VA rates epilepsy or seizures using diagnostic codes 8911-8914 under the General Rating Formula for Major and Minor Epileptic Seizures.

Seizures are rated based on frequency and severity. A major seizure is “generalized tonic-clonic convulsion with unconsciousness,” according to the Schedule of Ratings. A minor seizure is a “brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (“pure” petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).”

Three types of seizures that impact muscles are:

1. Tonic-clonic – These seizures, also called “grand mal seizures,” have two stages: tonic and clonic. During the tonic stage, a person loses consciousness. During the clonic stage, they jerk. They may also scream, lose bladder control, be confused, and become fatigued. These seizures typically last just a few minutes.
2. Myoclonic – These seizures cause jerking movements or spasms in a certain area of the body. They are typically a symptom of another medical condition and can be treated with medication.
3. Akinetic – These seizures cause a loss of muscle tone and may result in a person falling. They are usually brief, but they can result in injury because of the sudden inability to control muscles.

The VA rating for seizures is as follows.

Description	VA Rating	Monthly payment (vet only)
Averaging at least 1 major seizure per month over the last year	100%	$3,737.85
Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly	80%	$1,995.01
Averaging at least 1 major seizure in 4 months over the last year; or 9-10 minor seizures per week	60%	$1,3161.88
At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly	40%	$755.28
At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months	20%	$338.49
A confirmed diagnosis of epilepsy with a history of seizures	10%	$171.23

You also receive a minimum of 10% disability if you have to take continuous medication to control epilepsy and prevent seizures. That rating isn’t combined with any other ratings.

C&P exam for seizures

During a compensation and pension (C&P) exam for seizures, the examining physician will complete a neurological exam. They’ll likely use an electroencephalogram (EEG) to measure the electrical activity in your brain. The EEG requires that a doctor stick small metal disks hooked on a machine to your head to monitor brain activity. It’s not painful. 

The doctor will also ask you questions about your symptoms and military service. 

You can use a disability benefits questionnaire (DBQ) to help your VA claim. The questionnaire allows your physician to address symptoms, severity, possible causes, and how the condition may be related to other health concerns. A private or VA physician can complete the form for you.

Along with reports from a neurologist, mental health professional, and other doctors, you will want to submit service records that document the injury if they’re available. You can also submit buddy statements from fellow service members and from people who knew you before and after the condition and who can speak to the changes you’ve undergone. 

Presumptive service connection for epilepsy

If you’re a veteran with a chronic disability that appears within a year of discharge, you may be eligible for a presumptive service connection. This means the VA automatically presumes your condition was caused by military service without requiring proof of service connection.

Epilepsy is on the list of these conditions. For any of the VA one-year presumptive conditions on the list, it doesn’t matter where or when you served. However, the condition must be rated higher than 10% disabling to qualify. 

TDIU VA rating for epilepsy

A veteran can be awarded total disability based on individual unemployability (TDIU) benefits if they can’t maintain substantially gainful employment due to service-connected conditions.

Experiencing recurring, unexpected seizures can interfere with your ability to keep a job. For veterans with epilepsy who do manual labor where they are expected to do things like climb ladders or operate heavy machinery, working can be extremely dangerous. 

TDIU pays at the same level as a 100% disability rating, even when the veteran’s combined rating is below 100%. 

Veterans will typically be eligible for TDIU if they have:

• One service-connected disability rated at 60% or more disabling OR
• Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more. 

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How Woods and Woods can help

Woods and Woods has been fighting for people with injuries and disabilities since 1985. Our team of accredited VA disability lawyers, case managers, legal analysts, and intake specialists know the ins and outs of the VA so you don’t have to do all the hard work. Call us today for your free and confidential case evaluation.

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