Epilepsy, petit mal (DC 8911)

Body system: Neurological Conditions and Convulsive DisordersRegulation: 38 CFR § 4.124a

Petit mal epilepsy (absence-type epilepsy) involves brief lapses of awareness, staring spells, rhythmic blinking, head-nodding, or sudden jerking without full tonic-clonic convulsion. The VA rates DC 8911 under the General Rating Formula for Major and Minor Epileptic Seizures (38 CFR § 4.124a): 100% (>= 1 major seizure per month average), 80% (>= 1 major seizure per 3 months OR >10 minor per week), 60% (>= 1 major per 4 months OR 9-10 minor per week), 40% (>= 1 major in last 6 months or 2 in last year OR 5-8 minor per week), 20% (>= 1 major in last 2 years OR 2 minor in last 6 months), 10% floor (confirmed diagnosis + history of seizures, even if medication-controlled). Minor seizure = brief interruption of consciousness with staring/blinking/nodding, OR sudden jerking, OR sudden loss of postural control.

Rating levels

100% — Although DC 8911 is petit mal epilepsy, the rating ladder still credits major seizures at this top tier. You qualify for 100% if you average at least 1 major (generalized tonic-clonic) seizure per month over the last year. Many petit-mal epilepsies are mixed and produce occasional secondary generalized seizures; when they do, the major-seizure frequency drives the rating at this level.
80% — You qualify for 80% under DC 8911 if you have more than 10 minor (petit mal / absence-type) seizures weekly, or if mixed-type epilepsy is producing at least 1 major seizure every 3 months over the last year (roughly 4+ major seizures per year). The two criteria are alternatives.
60% — You qualify for 60% under DC 8911 if you have 9 to 10 minor seizures per week, or if mixed-type epilepsy is producing at least 1 major seizure every 4 months over the last year (roughly 3+ major seizures per year).
40% — You qualify for 40% under DC 8911 if you average 5 to 8 minor seizures weekly, or if mixed-type epilepsy has produced at least 1 major seizure in the last 6 months OR at least 2 major seizures in the last year.
20% — You qualify for 20% under DC 8911 if you have had at least 2 minor seizures in the last 6 months, or at least 1 major seizure in the last 2 years. This tier covers partially-controlled petit mal where breakthrough absences or myoclonic-type events continue despite medication.
10% — You qualify for 10% (the floor) if you have a confirmed diagnosis of epilepsy with a history of seizures, even if your seizures are currently controlled by medication and you have not had a recent event. The diagnosis itself + documented seizure history is enough; current ongoing seizures are NOT required. Medication-controlled remission still rates 10%.

Disclaimer: This tool is for informational purposes only and is not legal or medical advice. Always consult with your VSO representative or a qualified veterans benefits attorney for guidance on your specific claim.