       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

                  FRANK S. SMITH,
                  Claimant-Appellant,

                           v.

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

                      2013-7078
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 11-2714, Chief Judge Bruce E.
Kasold.
               ______________________

                     JUDGMENT
                ______________________

    TRAVIS JAMES WEST, Solheim Billing & Grimmer,
S.C., of Madison, Wisconsin, argued for claimant-
appellant.

    WILLIAM J. GRIMALDI, Trial Attorney, Commercial Lit-
igation Branch, Civil Division, United States Department
of Justice, of Washington, DC, argued for respondent-
appellee. On the brief were STUART F. DELERY, Assistant
Attorney General, JEANNE E. DAVIDSON, Director, SCOTT
D. AUSTIN, Assistant Director, and ERIC P. BRUSKIN, Trial
Attorney. Of counsel on the brief were DAVID J. BARRANS,
Deputy Assistant General Counsel, and MARTIE
ADELMAN, Attorney, United States Department of Veter-
ans Affairs, of Washington, DC.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



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

                      ENTERED BY ORDER OF THE COURT


 December 12, 2013                /s/ Daniel E. O’Toole
      Date                        Daniel E. O’Toole
                                  Clerk of Court
