My husband’s been rated 70% for MDD since 2015. His decision letter said he couldn’t adapt to work or work-like settings, and he’s been on SSDI since that same month. If we apply for TDIU now, could we get back pay to 2015 even though we never filed for it back then?

Answer:

Yes, if you can show the VA should’ve inferred TDIU from his 2015 decision. When a rating decision includes evidence of unemployability, VA is supposed to consider TDIU even without a formal claim (Rice v. Shinseki). File VA Form 21-8940 now and point to that 2015 language as proof the claim started then. If they deny the earlier date, appeal—it could mean years of back pay.

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