       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  HONOR B. COLE,
                  Claimant-Appellant,

                           v.

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

                      2011-7082
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 09-0391, Judge Robert N. Davis.
                ______________________

                     JUDGMENT
                ______________________

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

    JOHN J. TODOR, 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, and MARTIN F. HOCKEY, JR., Assistant Director.
Of counsel on the brief was MICHAEL J. TIMINSKI, Deputy
Assistant General Counsel, United States Department of
Veterans Affairs, of Washington, DC. Of counsel was Y.
KEN LEE, Attorney.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, LINN and DYK, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



 February 9, 2012           /s/ Jan Horbaly
     Date                       Jan Horbaly
                                    Clerk
