Note: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-7265 KEVIN W. WHITING, Claimant-Appellant, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellee.

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas argued for claimant-appellant.

Hillary A. Stern, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Martin F. Hockey, Jr., Assistant Director.

Appealed from: United States Court of Appeals for Veterans Claims Judge Lawrence B. Hagel NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2007-7265 KEVIN W. WHITING, Claimant-Appellant, v. JAMES B. PEAKE, M.D., Secretary of Veterans Affairs Respondent-Appellee.

Judgment ON APPEAL from the United States Court of Appeals for Veterans Claims in CASE NO(S). 05-1078 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (MICHEL, Chief Judge, PROST, Circuit Judge, and HOCHBERG*, District Judge).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

DATED May 8, 2008 /s/ Jan Horbaly Jan Horbaly, Clerk

* Honorable Faith Hochberg, District Judge, United States District Court for the District of New Jersey, sitting by designation.