NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LARRY C. JACKSON, Claimant-Appellant,

v.

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

2011-7186 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in Case No. 09-3538, Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

SCOTT D. AUSTIN, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, BRIAN M. SIMKIN, Assistant Director, and ELIZABETH M. HOSFORD, Senior Trial Counsel. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and AMANDA R. BLACKMON, Attorney, United States Department of Veteran Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, LOURIE, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

August 20, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk