NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HENRY E. SLAYTON, JR., Claimant-Appellant,

v.

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

2012-7100 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-3240, Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant- appellant. Of counsel was ROBERT VINCENT CHISHOLM.

STEVEN M. MAGER, 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 SCOTT D. AUSTIN, Assistant Director. Of counsel were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and TRACEY PARKER WARREN, Attorney, United States Department of Veterans Affairs, of Wash- ington, DC. ______________________ THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

PER CURIAM (NEWMAN, PROST, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

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