NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARIELLA B. MASON (SUBSTITUTED FOR KENNETH B. MASON), Claimant-Appellant,

v.

ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee,

AND

FREDERICK TRAWICK, Intervenor. ______________________

2012-7042 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in case no. 08-2969, Judge Mary J. Schoelen. ______________________

JUDGMENT ______________________

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

JAMES SWEET, Trial Attorney, Commercial Litigation 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 LARA EILHARDT, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was KEN LEE, United States Department of Veterans Affairs, of Washington, DC

MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of Washington, DC, argued for Intervenor. With him on the brief were MICHAEL J. SCHAENGOLD and ELIZABETH M. GILL. ______________________

THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

PER CURIAM (NEWMAN, SCHALL, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 28, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk