NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ALVARO J. RUIZ, Claimant-Appellant,

v.

ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ____________________

2011-7106 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in case no. 08-2237, Judge William P. Greene, Jr. ______________________

JUDGMENT ______________________

RONALD L. SMITH, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. Of counsel were AARON PARKER; and VIRGINIA L. CARRON and ARMON SHAHDADI, of Atlanta, Georgia.

SCOTT D. AUSTIN, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. Of counsel on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel and JONATHAN E. TAYLOR, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LINN, DYK, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

February 14, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk