Neurological Conditions and Convulsive Disorders§ 4.124aUpdated
Rating criteria

VA Diagnostic Code 8910Epilepsy, grand mal.

Rated from 10% to 100% under § 4.124a. Here is what the VA requires at each level.

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In short

Summary

Rate under the general rating formula for major seizures.

The ladder

What each rating requires

The VA assigns the highest level your evidence actually supports. Read up the stack until your records stop matching.

  1. 100%

    Averaging at least 1 major seizure per month over the last year

  2. 80%

    Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly

  3. 60%

    Averaging at least 1 major seizure in 4 months over the last year; or 9-10 minor seizures per week

  4. 40%

    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

  5. 20%

    At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months

  6. 10%

    A confirmed diagnosis of epilepsy with a history of seizures

How it is applied

General rating formula

General Rating Formula for Major and Minor Epileptic Seizures

From the schedule

Notes on this code

These notes are part of the regulation. They change how the levels above are applied.

  • Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.
  • Note (2): A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (âpureâ petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).
  • Note (1): When continuous medication is shown necessary for the control of epilepsy, the minimum evaluation will be 10 percent. This rating will not be combined with any other rating for epilepsy.
  • Note (2): In the presence of major and minor seizures, rate the predominating type.
  • Note (3): There will be no distinction between diurnal and nocturnal major seizures.

Epilepsy, Grand Mal (VA Diagnostic Code 8910)

Neurological Conditions and Convulsive Disorders · 38 CFR § 4.124a

Understanding This Condition

Grand mal epilepsy is a convulsive disorder rated by the VA under Diagnostic Code 8910. The VA evaluates this condition using the General Rating Formula for Major and Minor Epileptic Seizures, applying the criteria for major seizures.

Under this formula, seizures are classified into two types:

  • Major seizure: A generalized tonic-clonic convulsion with unconsciousness.
  • Minor seizure: A brief interruption in consciousness or conscious control. This can appear as staring or rhythmic blinking of the eyes or nodding of the head ("pure" petit mal); sudden jerking movements of the arms, trunk, or head (myoclonic type); or sudden loss of postural control (akinetic type).

Available Rating Levels

The VA assigns a disability rating based on the frequency and type of seizures over specified time periods:

RatingCriteria
100%Averaging at least 1 major seizure per month over the last year
80%Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly
60%Averaging at least 1 major seizure in 4 months over the last year; or 9–10 minor seizures per week
40%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
20%At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months
10%A confirmed diagnosis of epilepsy with a history of seizures

What the VA Looks For

When rating grand mal epilepsy, the VA considers the following:

  • Type and frequency of seizures. Ratings are based on how often major or minor seizures occur over defined time periods such as the last 6 months, the last year, or the last 2 years.
  • The predominating type. When both major and minor seizures are present, the VA rates the predominating type.
  • No day/night distinction. There is no distinction between daytime (diurnal) and nighttime (nocturnal) major seizures.
  • Ongoing medication. When continuous medication is shown to be necessary for the control of epilepsy, the minimum evaluation is 10 percent. This rating will not be combined with any other rating for epilepsy.

This information is provided for general educational purposes and reflects the VA rating criteria for Diagnostic Code 8910. Individual evaluations depend on the specific facts and medical evidence in each case.

These criteria are a rendering of § 4.124a, diagnostic code 8910. The official version is the one that governs your rating.

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What next

How to claim this

Knowing the criteria is the first half. Getting your file to show them is the second.

  1. Find your level in the stack

    Read each rung against what your medical records already say. The level your records document today is the one the VA can support today.

  2. Name the gap

    Look at the rung above yours and write down exactly what it asks for that your file does not show yet — a diagnosis, a measurement, a prescribed brace, a doctor’s opinion linking it to service.

  3. Claim it by code

    File under diagnostic code 8910 and attach the evidence for the level you are asking for. Other Neurological Conditions and Convulsive Disorders codes may cover your secondary conditions.

Find out which rating your evidence supports.

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