Neurological Conditions and Convulsive Disorders§ 4.124aUpdated
Rating criteria

VA Diagnostic Code 8911Epilepsy, petit 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 minor 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, Petit Mal — VA Disability Rating (Diagnostic Code 8911)

Body System: Neurological Conditions and Convulsive Disorders Regulation: 38 CFR § 4.124a Rating Formula: General Rating Formula for Major and Minor Epileptic Seizures


Understanding the Condition

Petit mal epilepsy is rated under Diagnostic Code 8911, using the General Rating Formula for minor seizures. The VA distinguishes between two seizure types when evaluating this condition:

  • Major seizure: Characterized by a generalized tonic-clonic convulsion with unconsciousness.
  • Minor seizure: 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).

Available Rating Levels

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

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 petit mal epilepsy, the VA considers the following:

  • Frequency and type of seizures. The rating ladder is built around how often major and/or minor seizures occur over specific time periods.
  • Predominating seizure type. When both major and minor seizures are present, the VA rates the predominating type.
  • Diurnal vs. nocturnal seizures. There is no distinction between daytime and nighttime major seizures.
  • Continuous medication. 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.

This information is based on the VA rating schedule for Diagnostic Code 8911 under 38 CFR § 4.124a. It is provided for general educational purposes and does not constitute legal advice or a guarantee of any particular rating outcome.

These criteria are a rendering of § 4.124a, diagnostic code 8911. 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 8911 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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