NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ ROGER R. GRUEN, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ____________________ 2011-7203 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 09-3603, Judge Robert N. Davis. ______________________ JUDGMENT ______________________ MEREDITH L. BOYLAN, Venable LLP, of Washington, DC, argued for claimant-appellant. With her on the brief was MARTIN L. SAAD.

DANIEL B. VOLK, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (RADER, Chief Judge, LINN and O’Malley, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

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