United States Court of Appeals for the Federal Circuit ______________________ GAMBIT CLYDE SHREVE, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2012-7077 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in case no. 10-3629, Judge Lawrence B.

Hagel. ______________________ JUDGMENT ______________________ THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant- appellant. Of counsel was ZACHARY M. STOLZ.

MICHAEL S. MACKO, Trial Attorney, Commercial Liti- gation 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 MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and JONATHAN E. TAYLOR, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS ORDERED AND ADJUDGED: PER CURIAM (PROST, O’MALLEY, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 18, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk