NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ERNEST R. ELLIS, SR., Claimant-Appellant,

v.

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

2013-7028 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-0012, Judge William A. Moor- man. ______________________

JUDGMENT ______________________

PETER J. SEBEKOS, of Niagara Falls, New York, ar- gued for claimant-appellant.

TARA K. HOGAN, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. With her on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and MARTIE ADELMAN, Attor- ney, Office of the General Counsel, United States De- partment of Veterans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

August 26, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk