NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RUSSELL W. BURTON, Claimant-Appellant,

v.

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

2012-7011 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in Case No. 09-2873, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

SCOTT J. POPMA, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant-appellant. With him on the brief were J. MICHAEL JAKES and RONALD L. SMITH.

ELIZABETH M. HOSFORD, Attorney, 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, MARTIN F. HOCKEY, JR., Assistant Director, and TARA K. HOGAN, Attorney. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and CHRISTA A. SHRIBER, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, LOURIE, Circuit Judge and DANIEL, Chief Judge 1 ).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 4, 2012 /s/ Jan Horbaly _ Date Jan Horbaly Clerk

1 Honorable Wiley Daniel, Chief Judge, United States District Court for the District of Colorado, sitting by designation.