NOTE: This disposition is nonprecedential.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