Citation Nr: 21040275 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 20-06 952 DATE: July 3, 2021 ORDER A 100 percent permanent and total rating for prostate cancer is granted. FINDING OF FACT The probative evidence of record supports a finding that the Veteran's prostate cancer is reasonably certain to remain permanently and totally disabling. CONCLUSIONS OF LAW 1. Throughout this appeal, the criteria for a schedular rating of 100 percent for prostate cancer have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.3, 4.7, 4.126, 4.130, Diagnostic Code 9432. 2. The criteria for a permanent and total disability rating for prostate cancer have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 3.340. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Navy from August 1966 to August 1969. The Veteran testified at a hearing before the undersigned Veteran's Law Judge in April 2021. 1. Entitlement to a permanent and total evaluation for prostate cancer Entitlement to a permanent total disability rating requires a Veteran's disability to be both permanent and total. 38 C.F.R. § 3.340. Pursuant to VA regulations, a total disability may be established when a Veteran's service-connected disabilities are rated 100 percent disabling under the rating schedule. 38 C.F.R. § 3.340(a)(2). Here, the Adjudicator of Original Jurisdiction (AOJ) has most recently rated the Veteran's prostate cancer at 100 percent under the rating schedule in August 2020. Next, permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. 38 C.F.R. § 3.340(b). Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Id. The age of the disabled person may be considered in determining permanence. Id. Upon review of the record, the Board finds that the April 2021 VA urologist treatment note to be the most probative evidence of record, wherein the Veteran's urologist wrote: "[the Veteran's] has prostate [cancer] that has recurred despite all possible curative treatments. His prostate [cancer] is now without cure and [prostate specific antigen] is showing that his [cancer] is becoming more active. Future efforts such as hormone therapy would suppress the spread of his active [cancer], but would not cure his condition." Moreover, this April 2021 urologist note supports a finding that the Veteran's service-connected prostate cancer is permanent and total. Therefore, the Board finds that the most probative evidence of record demonstrates that a total impairment from the service-connected prostate cancer is reasonably certain to continue throughout the Veteran's life. Accordingly, a permanent and total disability rating for the Veteran's prostate cancer is warranted. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Acosta, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.