NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOSEPH V. FRANK, Claimant-Appellant,

v.

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

2013-7047 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-4160, Judge William A. Moor- man. ______________________

JUDGMENT ______________________

ANIELA K. SZYMANSKI, Bergmann & Moore, LLC, of Bethesda, Maryland, argued for claimant-appellant. With her on the brief were GLENN R. BERGMANN and BRYAN ANDERSEN.

ERIC P. BRUSKIN, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. With him 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 TRACEY PARKER WARREN, Attorney, United States Department of Veterans Affairs, of Washington, 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