Case: 12-7172 Document: 7 Page: 1 Filed: 03/01/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

RICHARD S. HENDERSON, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. __________________________

2012-7172 __________________________

Appeal from the United States Court of Appeals for Veterans Claims in case no. 10-3934, Chief Judge Bruce E. Kasold. __________________________

ON MOTION __________________________

PER CURIAM. ORDER The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and summarily affirm the decision of the United States Court of Appeals for Veterans Claims. Case: 12-7172 Document: 7 Page: 2 Filed: 03/01/2013

RICHARD HENDERSON v. SHINSEKI 2

We deem it the better course to deny the motion and for the Secretary of Veteran’s Affairs to present any arguments for dismissal in his brief. Accordingly, IT IS ORDERED THAT: (1) The Secretary of Veterans Affairs’ motion to dis- miss is denied. (2) Henderson’s brief is due 30 days from the date of this order.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk

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