NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ALVIN L. HIGHTOWER, Claimant-Appellant,

v.

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

2013-7025 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-1862, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

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 SCOTT D. AUSTIN, Assistant Director. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and LARA K. EILHARDT, Attor- ney, United States Department of Veterans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, NEWMAN, and DYK, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

December 6, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court