United States Court of Appeals for the Federal Circuit ______________________

KENNETH D. FARROW, Claimant-Appellant,

v.

Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________

2012-7074 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 10-2266. ______________________

JUDGMENT ______________________ KENNETH M. CARPENTER, Carpenter, Chartered of Topeka, Kansas, argued for claimant-appellant. NICHOLAS JABBOUR, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Depart- ment of Justice, of Washington, DC, argued for respond- ent-appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and TRACEY WARREN, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (MOORE, REYNA, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 7, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk