NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

HARRY J. JOHNSON, Claimant-Appellant,

v.

ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. ______________________

2013-7091 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 12-1164, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

ZACHARY M. STOLZ, Chisholm Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island, argued for claimant– appellant. With him on the brief was THOMAS R. BENDER. Of counsel on the brief was CHRISTOPHER J. CLAY, Disa- bled American Veterans, of Cold Spring, Kentucky. Of counsel was ROBERT V. CHISHOLM, Chisholm Chisholm & Kilpatrick, ltd., of Providence, Rhode, Island.

MICHAEL P. GOODMAN, 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, Assistant Attorney General, BRYANT G. SNEE, Acting Director, and SCOTT D. AUSTIN, Assistant Director. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and CHRISTINA L. GREGG, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was LARA EILHARDT, Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, BRYSON, and HUGHES, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

March 13, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court