Understanding how seizure disorders affect veterans and how they are evaluated by the Department of Veterans Affairs (VA) is crucial for anyone navigating the disability claims process. Seizure disorders, including epilepsy, can significantly impact a veteran’s daily life—from employment and driving to personal safety and independence. Yet, they remain widely misunderstood when it comes to VA compensation.
Leah Bucholz explores what seizure disorders are, how they may be related to military service, and how VA disability ratings for these conditions are determined. Whether your seizures began during your time in the military or appeared years after discharge, the information below provides essential insight.
What Is a Seizure Disorder?
A seizure disorder is a neurological condition characterized by recurrent, unprovoked seizures—sudden surges of electrical activity in the brain that can lead to a wide range of physical and cognitive symptoms. The most recognized seizure disorder is epilepsy, though others exist.
Seizures vary in type and severity. Some may involve full-body convulsions and loss of consciousness, previously known as “grand mal” seizures and now referred to as generalized tonic-clonic seizures. Others may be less dramatic, such as focal or partial seizures, which can cause symptoms like brief staring spells, muscle twitching, or confusion. A subtype of these, known as absence seizures, often go unnoticed but still indicate a serious neurological issue.
For many veterans, seizure disorders have a profound impact on their quality of life. Driving restrictions are a major concern, along with the risk of injury during a seizure, difficulty holding a job, and challenges with routine daily activities.
Seizure Disorders and Military Service
There is strong medical evidence linking military service to the development of seizure disorders, especially in connection with traumatic brain injury (TBI), exposure to blasts, and environmental or chemical exposures common in combat zones.
TBI is one of the most significant risk factors for developing post-traumatic epilepsy (PTE). Veterans who sustained moderate to severe TBIs are up to 25 times more likely to develop epilepsy than the general population.
Even mild head injuries, such as concussions that occurred during training or deployments, can later result in seizure disorders. Blast-related injuries and chemical exposures, common in many combat environments, are also being increasingly studied as contributing factors. Another important condition is psychogenic non-epileptic seizures (PNES), which may resemble epileptic seizures but are often associated with psychological trauma, particularly post-traumatic stress disorder (PTSD).
Establishing Service Connection
To receive VA compensation for a seizure disorder, a veteran must establish a service connection. This means proving that the condition is directly or indirectly related to military service. There are several types of service connection that may apply:
1. Direct Service Connection
This is the most straightforward type. It applies when a veteran was diagnosed with a seizure disorder or experienced seizures while still in active duty.
2. Secondary Service Connection
In some cases, seizures may be caused by another service-connected condition, such as a TBI, PTSD, or toxic exposure. If a service-related condition leads to the development of a seizure disorder, the latter can be claimed as secondary.
3. Aggravation of a Pre-Existing Condition
If a veteran had a seizure disorder before entering service but their military experience made the condition worse beyond its natural progression, this could qualify as aggravation.
It’s important to note that the VA does not require a seizure to have occurred during active duty for it to be considered service-connected. Seizures often manifest months or even years after the triggering event, particularly in cases involving brain trauma.
VA Rating Criteria for Seizure Disorders
Seizure disorders are rated under 38 CFR § 4.124a, which deals with neurological conditions. Specific diagnostic codes—8910 through 8914—cover different types of epilepsy and seizure disorders. The VA bases the rating on the type, frequency, and severity of seizures.
Rating Breakdown:
- 100%: One or more major seizures per month over the last year.
- 80%: One major seizure in three months or more than ten minor seizures per week.
- 60%: One major seizure in four months or nine to ten minor seizures weekly.
- 40%: One major seizure in six months or five to eight minor seizures weekly.
- 20%: One major seizure in two years or two minor seizures in six months.
- 10%: Confirmed diagnosis with a history of seizures, but they are currently well controlled.
A major seizure usually refers to a tonic-clonic seizure with loss of consciousness, while minor seizures may include focal or absence seizures that don’t involve full-body convulsions.
Proving Your Case
Accurate and detailed documentation is critical when applying for VA disability due to a seizure disorder. The following types of evidence are often used:
- Medical Diagnosis: A current and confirmed diagnosis of epilepsy or another seizure disorder is essential.
- Frequency Records: A personal journal detailing the frequency and severity of seizures can be highly beneficial.
- Neurologist Reports: Specialist evaluations, especially those including EEG results or brain imaging, strengthen the claim.
- Emergency Room Visits: Records from ER visits after seizure events provide important evidence of the disorder’s impact.
- Medication History: Prescriptions for anti-seizure medications help verify ongoing treatment and management.
- Caregiver Statements: Observations from caregivers or family members can support claims, especially for minor seizures.
- Nexus Statement: While not required, a letter from a medical provider connecting the condition to service (such as linking it to a TBI or exposure) can significantly strengthen your case.
If the seizure disorder developed after discharge and the connection to service is not obvious, a nexus letter from a treating provider or a Compensation and Pension (C&P) examiner can clarify the relationship.
Common Challenges
Veterans often face difficulties when filing claims related to seizure disorders. Some of the common pitfalls include:
- Lack of formal diagnosis
- Insufficient medical documentation
- Failure to link the disorder to a service-connected condition
- Inconsistent reporting of seizure frequency
To avoid these issues, veterans should ensure they’re working with knowledgeable professionals and keeping clear, consistent records. A missed connection between a past head injury and later-developing seizures can lead to a denied claim unless properly explained.
Getting Help with Your Claim
Veterans seeking assistance with claims involving seizure disorders should always turn to accredited professionals. This includes:
- Veterans Service Organizations (VSOs)
- Accredited Claims Agents
- Accredited Attorneys
These professionals understand how to gather the right evidence, fill out paperwork properly, and make a persuasive case. You can search for accredited representatives by ZIP code or state at the VA’s official website.
Final Thoughts
Seizure disorders can profoundly affect a veteran’s life, yet they’re often misunderstood in the context of VA claims. Whether they stem from a direct injury during service, a secondary condition like PTSD, or years-later consequences of exposure or trauma, these disorders deserve careful documentation and consideration.
Understanding how to navigate the VA system, provide the right evidence, and seek professional help when needed can make all the difference in receiving a fair and accurate disability rating. If you or someone you know is struggling with seizures after military service, know that support is available—and that a proper VA rating can lead to better access to treatment, resources, and benefits.
Also read: Stroke and VA Disability Claims
At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.
Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.
Understanding the unique challenges veterans face, our commitment lies in delivering exceptional service and support.
Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.
Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.
