NOTE: This disposition is nonprecedential.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