38 C.F.R. § 4.121
Identification of epilepsy
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).
Notes of Decisions
Cited in 4
cases, 2013–2020 · leading case: Kareem R. Rock v. United States, 112 Fed. Cl. 113 (Fed. Cl. 2013).
Kareem R. Rock v. United States, 112 Fed. Cl. 113 (Fed. Cl. 2013). “38 C.F.R. § 4.121 (requiring that “seizures must be witnessed or verified at some time by a physician” to warrant a rating for epilepsy and stating that, “[a]s to frequency [of seizures], competent, consistent lay testimony emphasizing convulsive and immediate post-convulsive…”
08-37 656, No. 08-37 656 (Board of Vet. App. June 30, 2016). “38 C.F.R. § 4.121 (2015). Under the general formula for major and minor epileptic seizures, both the frequency and type of seizure a Veteran experiences are considered in determining the appropriate rating.”
190705-12614, No. 190705-12614 (Board of Vet. App. Feb. 28, 2020). “Under 38 C.F.R. § 4.121 , to warrant a rating, the seizures must be witnessed or verified at some time by a physician.”
12-30 672, No. 12-30 672 (Board of Vet. App. Aug. 27, 2015). “38 C.F.R. § 4.121 . Here, the more probative evidence establishes that he does not have a seizure disorder/epilepsy.”
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