NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

SEAN M. GRIFFIN, Claimant-Appellant,

v.

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

2013-7041 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-2877, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

OMAR A. KHAN, Wilmer Cutler Pickering Hale and Dorr, LLP, of New York, New York, argued for claimant- appellant. With him on the brief were LAUREN CLARK and JACOB WARREN.

DOMENIQUE GRACE KIRCHNER, Trial Attorney, Com- mercial 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 SHARI A. ROSE, Trial Attorney. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and AMANDA BLACKMON, Staff Attorney, United States Department of Veterans Affairs, of Wash- ington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

December 5, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court