VA Disability Rating for Psychomotor Epilepsy (DC 8914)
Diagnostic Code 8914 · 38 CFR §4.124a
What Is It?
Psychomotor epilepsy (now called temporal lobe epilepsy or complex partial seizures) involves seizures originating in the temporal lobe that cause altered awareness and automatic, repetitive behaviors like lip smacking, hand wringing, wandering, or picking at clothing. During a seizure, the person appears awake but is not fully conscious and will not remember the episode afterward. Some people experience an aura before the seizure — a strange taste, smell, feeling of deja vu, or rising sensation in the stomach. Veterans commonly develop this from TBI affecting the temporal lobes, brain infections, or blast exposure during service.
Rating Criteria
| Rating | Criteria |
|---|---|
| 100% | Averaging at least 1 major seizure per month over the last year. The formula prints no minor-seizure frequency at this level, so it is reached only on major seizures. |
| 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 to 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. When continuous medication is shown necessary for control, 10 percent is the minimum evaluation, and it is not combined with any other rating for epilepsy. |
Evidence Needed
- EEG showing temporal lobe seizure activity
- Brain MRI showing temporal lobe abnormalities if present
- Detailed seizure diary with descriptions of behaviors during episodes
- Witness statements describing what you do during seizures
- Neurologist's diagnosis and treatment records
- Service records documenting TBI or brain injury causing the temporal lobe damage
C&P Exam Tips
- Describe the aura if you experience one — what you feel, smell, or sense before a seizure
- Have a family member or friend describe what you look like and do during seizures
- Keep a detailed seizure diary — you may not remember seizures, so ask others to help track them
- Report any post-seizure confusion and how long it lasts
- Describe how the seizures affect driving, work, and safety
- Bring EEG results and any video monitoring records
How to File
File under DC 8914 for psychomotor epilepsy. The schedule rates psychomotor seizures as major seizures under the general rating formula when they are characterized by automatic states and/or generalized convulsions with unconsciousness, and as minor seizures when they are characterized by brief transient episodes of random motor movements, hallucinations, perceptual illusions, abnormalities of thinking, memory or mood, or autonomic disturbances. Include EEG results, brain imaging, seizure diary, and witness statements. Since you may not be fully aware during seizures, buddy statements from family or coworkers who have witnessed your episodes are particularly valuable. Connect the epilepsy to a service-connected TBI or brain injury.
Common Mistakes
- Not recognizing seizures because you are unaware during them.
- Not getting witness statements.
- Confusing seizures with PTSD episodes.
Frequently Asked Questions
How can I tell if I am having psychomotor seizures?
You often cannot tell during the seizure itself because your awareness is altered. Clues include unexplained gaps in memory, finding yourself in different locations without remembering how you got there, people telling you that you were acting strangely, or waking up confused. Ask family members if they have noticed blank stares, lip smacking, or repetitive hand movements.
Can temporal lobe epilepsy be confused with PTSD?
Yes. Both conditions can cause altered awareness, dissociative episodes, and behavioral changes. An EEG during an episode can determine whether the symptoms are seizure-related or psychological. Some veterans have both conditions, and each should be separately diagnosed and rated.