       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                HOWARD F. WIBLE,
                 Claimant-Appellant,

                           v.

 ERIC K. SHINSEKI, SECRETARY OF VETERANS
                   AFFAIRS,
              Respondent-Appellee.
              ____________________

                      2010-7144
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-1197, Judge Ronald M.
Holdaway.
               ______________________

                     JUDGMENT
                ______________________

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

    MICHAEL P. GOODMAN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellee. With him on the brief were TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, MARTIN F. HOCKEY, JR., Assistant Director, and
KENT C. KIFFNER, Trial Attorney. Of counsel on the brief
were MICHAEL J. TIMINSKI, Deputy Assistant General
Counsel, and CHRISTA SHRIBER, Staff Attorney, United
States Department of Veterans Affairs, of Washington,
DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (PROST, MOORE, and O’MALLEY, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



 June 10, 2011          /s/ Jan Horbaly
    Date                    Jan Horbaly
                               Clerk
