NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ DANNY R. BREWER, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ____________________ 2012-7167 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 10-2759, Judge Donald L. Ivers. ______________________ JUDGMENT ______________________ ANDREW J. WAGHORN, of Gainesville, Virginia, argued for claimant-appellant.

KENNETH M. DINTZER, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Depart- ment of Justice, of Washington, DC, argued for respond- ent-appellee. On the brief were STUART F. DELERY, Principal Deputy Assistant Attorney General, JEANNE E.

DAVIDSON, Director, MARTIN F. HOCKEY, JR., Assistant Director, and ALEX P. HONTOS, Trial Attorney. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and MARTIE ADELMAN, Staff 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 (Before RADER, Chief Judge, CLEVENGER, and PROST, Circuit Judges.)

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 14, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk