NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ JORGE E. ROQUE, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________ 2012-7091 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 10-2477, Judge Alan G. Lance Sr. ______________________ JUDGMENT ______________________ KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

MARTIN F. HOCKEY, JR., Assistant Director, Commer- cial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were STUART F.

DELERY, Principal Deputy Assistant Attorney General, JEANNE E. DAVIDSON, Director, and ALLISON KIDD- MILLER, Senior Trial Counsel. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and RACHAEL T. BRANT, Attorney, Office of General Counsel, United States Department of Veterans Affairs, of Washington, DC. Of counsel were JACOB ALDEN SCHUNK, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC; and TRACEY PARKER WARREN, Attorney, Office of General Counsel, United States De- partment of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

PER CURIAM (DYK, BRYSON, and WALLACH, Circuit Judge).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

June 4, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk