Epilepsy and seizure disorders are significant health conditions that affect a large number of veterans. These neurological conditions can cause debilitating seizures, which are unpredictable and severely impact daily life, work, and overall well-being. In fact, seizures are one of the most frequently claimed disabilities by veterans through the VA disability claims process.
The VA rates seizures and epilepsy from 10% to 100% depending on the severity of the condition, the type of seizures (e.g., Grand Mal or Petit Mal), and their frequency. Understanding the rating process is key to successfully navigating the VA claims system and ensuring you get the disability benefits you deserve.
“Seizure disorders, whether major or minor, can have a profound impact on a veteran’s life. Understanding the VA’s rating system and gathering the necessary evidence can greatly improve your chances of receiving the benefits you deserve,” says Brian Reese, VA disability expert.
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What Are Seizures and Epilepsy?
Seizures
Seizures are sudden electrical disturbances in the brain that can cause changes in behavior, movement, feelings, and levels of consciousness. They occur when there is abnormal electrical activity in the brain, and they can manifest in various forms.
Epilepsy
Epilepsy is a chronic neurological disorder characterized by two or more unprovoked seizures. Unlike a single isolated seizure, epilepsy requires ongoing management and treatment due to the recurrent nature of the seizures.
The VA rates both seizures and epilepsy under the same general formula, but the severity and frequency of seizures play a major role in determining the VA disability rating.
Types of Seizures
Seizures are categorized based on the type of brain activity they involve. The two main categories are:
1. Focal Seizures
- Focal Onset Aware Seizures (Simple Partial Seizures): The individual remains conscious and aware during the seizure but may experience changes in emotion, motor skills, or sensory perception.
- Focal Onset Impaired Awareness Seizures (Complex Partial Seizures): These seizures involve a change in consciousness or awareness, during which the individual may appear dazed and unresponsive.
2. Generalized Seizures
- Absence Seizures (Petit Mal): Often affecting children, these involve brief lapses in attention with subtle signs like eye blinking or lip smacking.
- Tonic-Clonic Seizures (Grand Mal): These are the most dramatic seizures, involving loss of consciousness, muscle stiffening, shaking, and sometimes loss of bladder control.
- Tonic Seizures: These cause the muscles to stiffen, often affecting the back, arms, and legs.
- Clonic Seizures: These involve rhythmic jerking movements of the body, usually the face, arms, or neck.
- Myoclonic Seizures: Sudden, brief jerking or twitching of muscles.
- Atonic Seizures (Drop Seizures): These cause a sudden loss of muscle tone, which can lead to a collapse or fall.
VA Ratings for Epilepsy and Seizure Disorders
The VA uses several Diagnostic Codes (DCs) to evaluate seizures and epilepsy, and the disability rating depends on the type and frequency of seizures experienced. Ratings for epilepsy range from 10% to 100%.
VA Rating Chart for Seizures:
| Seizure Frequency | VA Rating |
|---|---|
| At least 1 major seizure per month over the last year | 100% |
| At least 1 major seizure in 3 months, or more than 10 minor seizures weekly | 80% |
| At least 1 major seizure in 4 months, or 9-10 minor seizures per week | 60% |
| At least 1 major seizure in the last 6 months, or 5-8 minor seizures weekly | 40% |
| At least 1 major seizure in the last 2 years, or at least 2 minor seizures in the last 6 months | 20% |
| Confirmed diagnosis with a history of seizures | 10% |
“The VA disability rating is based on seizure frequency and severity, so keeping a seizure log and gathering evidence is crucial to improving your claim’s chances of success,” advises Brian Reese.
Additional Notes for VA Seizure Ratings:
- Continuous Medication: If medication is required to control seizures, a minimum rating of 10% is applied. This rating does not combine with other epilepsy ratings.
- Major vs. Minor Seizures: If both major and minor seizures are present, the VA rating is based on the predominating type of seizure.
- No Distinction Between Day and Night Seizures: The VA does not differentiate between daytime (diurnal) or nighttime (nocturnal) seizures in determining the rating.
Seizures and Unemployability Considerations (TDIU)
Veterans with seizure disorders may face challenges in maintaining steady employment due to the unpredictable nature of their seizures. While controlled epilepsy can still affect a veteran’s ability to work, some may be eligible for Total Disability based on Individual Unemployability (TDIU).
If a veteran’s seizures prevent them from obtaining or maintaining substantially gainful employment, they may be eligible for TDIU benefits. This applies even if their seizures are somewhat controlled with medication.
“Seizure disorders can sometimes prevent veterans from finding and keeping a job due to employer concerns. It’s important to thoroughly document your employment history and any impact seizures have on your job performance,” says Brian Reese.
How to Strengthen Your VA Claim for Epilepsy and Seizure Disorders?
To maximize your chances of receiving the VA disability rating you deserve, it’s essential to provide comprehensive medical documentation and clear evidence of your condition’s impact on your daily life and work.
Here are some tips for strengthening your claim:
1. Keep a Seizure Log:
Record every seizure you experience, noting the date, time, duration, severity, and any post-seizure symptoms. This log can be invaluable for proving the frequency and severity of your seizures.
2. Collect Medical Records:
Gather all medical records related to your seizures, including diagnoses, treatment histories, medications, and any imaging studies like EEGs (electroencephalograms). These records help confirm the severity and frequency of your condition.
3. Obtain Lay Statements:
If possible, obtain witness statements from family members, friends, or co-workers who have observed your seizures. These lay statements can help corroborate your seizure log and provide additional context for the severity of your condition.
4. Document Work and Social Impact:
Explain how seizures affect your ability to work, perform daily tasks, and engage in social activities. This can help demonstrate the functional limitations caused by your condition.
5. Work with a VA Claims Expert:
Consider working with a VA disability claims expert or accredited representative who can guide you through the claims process and ensure your case is as strong as possible.
Final Thought
Understanding how the VA rates seizures and epilepsy is crucial for veterans seeking disability benefits. Whether you suffer from Grand Mal or Petit Mal seizures, it’s important to gather thorough documentation, keep a seizure log, and work with professionals to strengthen your claim. The VA’s rating system depends on seizure frequency, severity, and how the condition impacts your life.
By preparing in advance and following the steps outlined in this article, you can maximize your chances of receiving the disability rating you deserve and secure the benefits that will help you manage your condition.
“Epilepsy and seizure disorders may be challenging to manage, but understanding the VA’s rating system and gathering strong evidence can greatly improve your chances of getting the benefits you’re entitled to,” concludes Brian Reese.
FAQs
What’s the difference between a seizure and epilepsy?
A seizure is a single event of abnormal electrical activity in the brain, while epilepsy is a neurological disorder involving two or more unprovoked seizures.
How does the VA rate seizure disorders?
VA ratings for seizures range from 10% to 100%, depending on seizure frequency and severity, with higher ratings for more frequent or severe seizures.
What counts as a “major” vs. “minor” seizure?
Major seizures (Grand Mal) involve generalized convulsions and loss of consciousness, while minor seizures (Petit Mal) involve brief lapses in consciousness or subtle symptoms.
Can I qualify for TDIU if I have epilepsy?
Yes, if your seizures significantly impact your ability to maintain employment, you may qualify for Total Disability based on Individual Unemployability (TDIU).
Do seizures that occur at night count toward my VA rating?
No, the VA does not differentiate between daytime and nighttime seizures when rating the condition.
