NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOSEPH M. FERN, Claimant-Appellant,

v.

ROBERT A. MCDONALD, Secretary of Veterans Affairs, Respondent-Appellee. ______________________

2013-7129 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 11-3253, Chief Judge Bruce E. Kasold. ______________________

JUDGMENT ______________________

KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

ERIC P. BRUSKIN, 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, Assistant Attorney General, ROBERT E. KIRSCHMAN, JR., Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief was DAVID J. BARRANS, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC. Of counsel was JOSHUA MAYER, Attorney. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (MOORE, O’MALLEY, and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

October 14, 2014 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court