NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ LEO L. MIKITAROFF, Claimant-Appellant, v. Erick K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2012-7137 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 10-2970, Judge William A. Moor- man. ______________________ JUDGMENT ______________________ JAMES R. BARNEY, Finnegan, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for claimant- appellant. On the brief was MARK R. LIPPMAN, The Vet- erans Law Group, of La Jolla, California.

ALEX P. HONTOS, Trial Attorney, Commercial Litiga- tion 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 on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and BRIAN D. GRIFFIN, Attor- ney, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, BRYSON, and LINN, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

May 17, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk