VA Disability Rating for Petit Mal Epilepsy (DC 8911)
Diagnostic Code 8911 · 38 CFR §4.124a
What Is It?
Petit mal epilepsy (now more commonly called absence seizures) involves brief episodes where a person suddenly becomes unresponsive and stares blankly for a few seconds, sometimes with subtle movements like eye blinking or lip smacking. Unlike grand mal seizures, there is no falling or convulsing, making them easy to miss. These seizures can occur dozens to hundreds of times per day in severe cases. Veterans may develop this type of epilepsy from traumatic brain injuries, exposure to neurotoxic chemicals, or brain infections during service. Although individual seizures are brief, their frequency can significantly impair concentration, work performance, and safety.
Rating Criteria
| Rating | Criteria |
|---|---|
| 100% | More than one major seizure per month over the past year. Or minor seizures averaging at least five per week over the past year. |
| 80% | One major seizure in the past three months, or more than ten minor seizures per week. |
| 60% | One major seizure in the past six months, or averaging five to eight minor seizures per week. |
| 40% | One major seizure in the past year, or minor seizures averaging at least two per week over the past six months. |
| 20% | At least two minor seizures in the past six months. |
| 10% | Confirmed diagnosis with a history of seizures but currently controlled with medication. |
Evidence Needed
- EEG showing characteristic absence seizure patterns (3 Hz spike-and-wave)
- Neurologist's diagnosis and treatment plan
- Brain MRI to evaluate for structural causes
- Detailed seizure log documenting frequency, duration, and triggers
- Service records documenting TBI, chemical exposure, or other cause
- Treatment records showing medications and their effectiveness
C&P Exam Tips
- Keep a detailed seizure diary for at least three months before the exam
- Describe what witnesses observe during your seizures
- Report how seizures affect your ability to drive, work, and perform daily tasks
- Bring EEG results showing seizure activity
- Describe any aura or warning you get before seizures
- Report all anti-seizure medications and their side effects
How to File
File under DC 8911 for petit mal epilepsy. Include EEG results, seizure log, and treatment records. If the seizures developed from a service-connected TBI or other brain condition, file as secondary to that condition. The frequency of seizures directly determines your rating, so thorough documentation is critical.
Common Mistakes
Not keeping a seizure diary Underreporting because seizures seem minor Not getting an EEG during an active seizure period
Frequently Asked Questions
What is the difference between petit mal and grand mal seizures?
Petit mal (absence) seizures cause brief episodes of staring and unresponsiveness lasting seconds, without falling or convulsing. Grand mal (tonic-clonic) seizures cause loss of consciousness, falling, full-body convulsions, and a prolonged recovery period. The VA rates them under different codes but can consider both types in your overall rating.
Can I drive with absence seizures?
Driving restrictions vary by state, but most require a seizure-free period before driving is allowed. If your seizures prevent you from driving, document this limitation as it impacts your ability to work and live independently.