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8911
§ 4.124a Schedule of ratings—neurological conditions and convulsive disorders.

Petit mal seizures

A type of seizure involving brief lapses in awareness or staring spells, often without convulsions.

What the rating means

Petit mal epilepsy (diagnostic code 8911) is rated under the General Rating Formula for Major and Minor Epileptic Seizures, using the minor seizure counts. A minor seizure is a brief interruption in consciousness or conscious control, shown by staring or rhythmic blinking of the eyes or nodding of the head, sudden jerking movements of the arms, trunk, or head, or sudden loss of postural control.

The possible ratings are 10%, 20%, 40%, 60%, 80%, and 100%. The difference between levels comes down to how often your minor seizures occur. More than 10 minor seizures weekly reaches 80%. Nine to 10 per week reaches 60%. Averaging 5 to 8 per week reaches 40%. At least 2 minor seizures in the last 6 months reaches 20%. A confirmed diagnosis with a history of seizures, even without recent seizures, reaches 10%.

If you are also having major seizures, VA rates whichever type predominates. When continuous medication is shown necessary to control your epilepsy, the minimum rating is 10%, and that rating cannot be combined with any other epilepsy rating.

Evidence that helps

Because ratings are based on how often your minor seizures occur, medical records that document seizure frequency are the most direct evidence. Neurology or primary care notes that record the number of episodes per week or per month, over the past year or two years, directly match the rating criteria. Electroencephalogram (EEG) results and any prior diagnosis of epilepsy help establish the confirmed diagnosis needed for the 10% level.

Records showing that continuous medication is required to control your seizures support the minimum 10% evaluation. If your seizures are not fully controlled despite medication, records from your treating provider describing breakthrough episodes are valuable.

Your own written statements, and statements from people who have witnessed your seizures, can help document frequency when seizures go unobserved by a medical provider. Descriptions of the type of episode, such as sudden staring, head nodding, limb jerking, or abrupt loss of postural control, help confirm that the episodes qualify as minor seizures under the regulation. Statements about how seizure frequency affects your work, driving, or daily activities can also support the overall picture.

Secondary conditions

Conditions that are often caused or made worse by this one. If you have any of these, they may be claimable as secondary service connection.