NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROGER J. BROWN, Petitioner,

v.

DEPARTMENT OF VETERANS AFFAIRS, Respondent. ____________________

2010-3175 ______________________

Appeal from the Merit Systems Protection Board in No. DE0432090182-I-3. ______________________

JUDGMENT ______________________

MINNETTE BURGES, Burges Law Offices, of Tucson, Arizona, argued for petitioner.

JESSICA R. TOPLIN, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and REGINALD T. BLADES, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, LOURIE and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 10, 2011 /s/ Jan Horbaly Date Jan Horbaly Clerk