NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

BETZAIDA P. JERNIGAN, Claimant-Appellant,

v.

ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. ______________________

2013-7033 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-1226, Judge Lawrence B. Hagel. ______________________

JUDGMENT ______________________

STEVEN M. AMUNDSON, Frommer Lawrence & Haug, LLP, of New York, New York, argued for claimant- appellant. With him on the brief were VICKI M. FRANKS, JULIE E. KURZROK, and MICHAEL W. HARKNESS; and BRYAN J. BRAUNEL and ANDREW M. NASON, of Washing- ton, DC.

SCOTT D. AUSTIN, Trial Attorney, Commercial Litiga- tion 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, Direc- tor, MARTIN F. HOCKEY, JR., Assistant Director, and ALEX P. HONTOS, Trial Attorney. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel and RACHAEL T. BRANT, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (NEWMAN, REYNA, and TARANTO, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

July 22, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk