NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

FRANK S. SMITH, Claimant-Appellant,

v.

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

2013-7078 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-2714, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

TRAVIS JAMES WEST, Solheim Billing & Grimmer, S.C., of Madison, Wisconsin, argued for claimant- appellant.

WILLIAM J. GRIMALDI, Trial Attorney, Commercial Lit- igation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. On the brief were STUART F. DELERY, Assistant Attorney General, JEANNE E. DAVIDSON, Director, SCOTT D. AUSTIN, Assistant Director, and ERIC P. BRUSKIN, Trial Attorney. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and MARTIE ADELMAN, Attorney, United States Department of Veter- ans Affairs, of Washington, DC. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

December 12, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court