38 CFR § 4.121
Identification of epilepsy
Comes up when VA needs to verify a diagnosis of epilepsy and determine how often seizures occur for rating purposes.
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Read the 688 decisions citing § 4.121
The conditions it decides
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What this regulation says, in plain English
This section requires that epilepsy be confirmed by a physician who has witnessed or verified a seizure at some point, though later details about how often the seizures happen can come from credible lay testimony describing what the convulsions looked like. Seizure frequency is measured under normal daily life, not while hospitalized.
Read the full text of 38 CFR § 4.121
This text was last amended by VA on December 14, 2016. We check it against eCFR every week.
When there is doubt as to the true nature of epileptiform attacks, neurological observation in a hospital adequate to make such a study is necessary. To warrant a rating for epilepsy, the seizures must be witnessed or verified at some time by a physician. As to frequency, competent, consistent lay testimony emphasizing convulsive and immediate post-convulsive characteristics may be accepted. The frequency of seizures should be ascertained under the ordinary conditions of life (while not hospitalized).
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