🎖️ VALOR

James Blake Miller: The Marlboro Marine

James Blake Miller was born in 1984 in Jonancy, KY where coal mining shaped much of the local life. Not wanting to follow that path, and inspired by family members who had served before him, Miller enlisted in the Marine Corps in 2001 with hopes of pursuing a law enforcement career. 

In November 2004, during the Second Battle of Fallujah, Miller served with Charlie Company, 1st Battalion, 8th Marines. Exhausted and covered in grime, he was photographed by Los Angeles Times photographer Luis Sinco as he leaned against a wall smoking a cigarette. The haunting image, dubbed the “Marlboro Marine”, captured the strain and humanity of combat and quickly became one of the most iconic photographs of the Iraq War. 

The photo brought Miller unexpected fame. Care packages, media attention, and even President George W. Bush's recognition followed, but Miller chose to stay in the fight rather than return home early. The image became a Pulitzer Prize finalist and a lasting symbol of the war’s toll on young Marines. 

After returning from Iraq, Miller struggled with post-traumatic stress disorder. He was medically discharged in 2005, just months after returning from deployment and assisting with Hurricane Katrina relief efforts. His personal life suffered, including a brief marriage that ended in divorce, and difficulties accessing consistent VA care. 

Over time, with help from Sinco, the photographer who had first captured his likeness, and renewed support from his wife, Miller began seeking psychological treatment and working to manage life after combat. 

James Blake Miller’s story is about sacrifice, struggle, and resilience. Known to the world as the “Marlboro Marine,” he remains a reminder of the human cost of war and the enduring challenges veterans face long after leaving the battlefield.

Honor veterans like James Blake Miller and watch more stories on our YouTube channel.

⚖️ EXPERTS

What Veterans Should Know About VA Disability Benefits Questionnaires (DBQs)

A DBQ is one of the most important tools in the VA claims process. It standardizes how medical evidence is recorded during a Compensation & Pension (C&P) exam and gives raters the information they need to assign a fair disability percentage. 

Why DBQs Matter 

Your VA disability rating directly impacts the amount of compensation and benefits you receive. DBQs are designed to capture the full scope of your condition in a format the VA recognizes, reducing delays and ensuring nothing critical is overlooked. 

What a DBQ Covers 

• A confirmed diagnosis from your doctor 

• Current and past medications related to the condition 

• Test results, symptoms, and clinical findings 

• How the condition affects everyday activities and quality of life 

• Criteria tied to the VA’s official rating schedule 

There are more than 70 DBQ forms, each tied to a specific body system, ranging from musculoskeletal and neurological to psychological and cardiovascular conditions. 

How Veterans Use DBQs 

1. Download the correct form from the VA’s website. 

2. Have a VA provider or private physician fill it out. 

3. Keep a copy for your records. 

4. Submit it as part of your claim or appeal. 

Who Can Complete a DBQ 

• VA examiners will always complete a DBQ during your C&P exam. 

• Private doctors can complete Public DBQs, and these can be filed as supporting evidence. 

Even if a VA doctor decides their exam notes are enough and skips a DBQ, a private physician’s completed form can help fill in the gaps. 

Key Takeaway 

DBQs are powerful claim support tools. When filled out correctly, they can speed up your case and help ensure your rating reflects the true impact of your service-connected condition. Even if you’re scheduled for a C&P exam, you can still have your private doctor submit a DBQ on your behalf to strengthen your claim.

If you’re facing challenges with your claim and need assistance, reach out for a free case evaluation.

🦅SUPPORT

Attention: Join us every Tuesday at 1400 hours EST for a new Livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 1 hour prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to Asbestos During Military Service?

Many U.S. veterans were exposed to asbestos during their time in service, often without knowing the risks. Years later, this exposure has led to mesothelioma and other asbestos-related lung cancers for countless veterans.

If you served in the military and have been diagnosed, you may qualify for compensation. Our firm proudly helps veterans and their families pursue the benefits and justice they deserve.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

New Law on VA DBQs Could Complicate Disability Claims, Hill & Ponton Attorneys Warn 

In this video, Hill & Ponton attorney Matthew Hill sits down with principal attorney Carol Ponton to discuss a recent legislative change that could reshape how veterans use DBQs.  

The new bill, passed in late December, allows VA to withhold certain DBQs from public access if it decides non-VA providers cannot complete them to an acceptable clinical standard. Hill and Ponton warn that this could make it harder for veterans to gather independent medical evidence and leave them more reliant on VA examiners during the claims process. 

They point out that the vague wording of the law gives VA broad discretion and sets the stage for legal battles over transparency. Ponton notes that the issue echoes past restrictions, such as when VA limited PTSD evaluations to only VA psychiatrists and psychologists.  

This fight ended up in the federal circuit court. With the Supreme Court now rolling back Chevron deference, which once gave agencies broad authority in interpreting laws, the attorneys believe future challenges to VA’s restrictions may stand on firmer ground. 

The conversation also highlights concerns from veteran advocates about whether the current use of general or nurse practitioners provides adequate evaluations for specialized DBQs, such as those for orthopedic or neurological conditions. Without access to the right forms or specialists, veterans risk receiving incomplete evaluations that don’t capture the full impact of their disabilities. 

Attorneys Hill and Ponton close by stressing that while VA claims this change is about clinical standards, the effect could be fewer options and more delays for veterans. They emphasize the importance of ongoing legal advocacy to ensure veterans maintain fair access to the tools needed to secure the benefits they’ve earned.

Need Help with an Appeal? Hill & Ponton is Here for You

At Hill & Ponton, we specialize in helping veterans navigate the VA appeals process to secure the benefits they rightfully deserve. Whether you're facing a denied claim, an appeal for a higher rating, or need assistance gathering critical evidence, our team is ready to advocate for you.

Use our VA Disability Calculator to see if your current rating aligns with your level of disability and explore potential increases based on any secondary conditions you may have. Calculate Your VA Disability Rating Now!