NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ JOYCE CROSS, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2012-7132 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 09-3807, Judge Mary J. Schoelen. ______________________ JUDGMENT ______________________ ANDREW J. WAGHORN, of Gainesville, Virginia, argued for claimant-appellant.

JAMES R. SWEET, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the respondent- appellee. With him on the brief were STUART F. DELERY, Principal Deputy Assistant Attorney General, JEANNE E.

DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assis- tant Director. Of counsel on the brief were DAVID J.

BARRNES, Deputy Assistant General Counsel and LARA EILHARDT, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was CHRISTA A. SHRIBER, Attorney. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (DYK, O’MALLEY, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 10, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk