NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HENRY P. MERCIER, Claimant-Appellant,

v.

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

2013-7042 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-3384, Judge Alan G. Lance, Sr. ______________________

JUDGMENT ______________________

AMANDA R. PHILLIPS, Ropes & Gray LLP, of Boston, Massachusetts, argued for claimant-appellant.

WILLIAM J. GRIMALDI, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Depart- ment of Justice, of Washington, DC, argued for respond- ent-appellee. On the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Direc- tor, SCOTT D. AUSTIN, Assistant Director, and MICHAEL P. GOODMAN, Trial Attorney. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and MARTIE ADELMAN, Attorney, United States Depart- ment of Veterans Affairs, of Washington, DC. Of counsel was DAVID J. BARRANS, Deputy Assistant General Coun- sel, United States Department of Veterans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, MAYER, and O’MALLEY, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

August 14, 2013 /s/ Danel E. O’Toole Date Daniel E. O’Toole Clerk