NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ CYNTHIA A. O’BRIEN, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ____________________ 2010-7098 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 09-44, Judge Ronald M.

Holdaway. ______________________ JUDGMENT ______________________ SEAN A. RAVIN, of Washington, DC, for claimant- appellant.

MICHAEL P. GOODMAN Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and TODD M. HUGHES, Deputy Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (LOURIE, BRYSON, and PROST, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 14, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk