Case: 12-7172     Document: 7     Page: 1   Filed: 03/01/2013




          NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                 __________________________

                RICHARD S. HENDERSON,
                   Claimant-Appellant,
                             v.
  ERIC K. SHINSEKI, SECRETARY OF VETERANS
                   AFFAIRS,
               Respondent-Appellee.
                 __________________________

                         2012-7172
                 __________________________

    Appeal from the United States Court of Appeals for
Veterans Claims in case no. 10-3934, Chief Judge Bruce
E. Kasold.
              __________________________

                       ON MOTION
                 __________________________

                        PER CURIAM.
                        ORDER
    The Secretary of Veterans Affairs moves to waive the
requirements of Fed. Cir. R. 27(f) and summarily affirm
the decision of the United States Court of Appeals for
Veterans Claims.
Case: 12-7172        Document: 7   Page: 2   Filed: 03/01/2013




RICHARD HENDERSON v. SHINSEKI                              2

    We deem it the better course to deny the motion and
for the Secretary of Veteran’s Affairs to present any
arguments for dismissal in his brief.
      Accordingly,
      IT IS ORDERED THAT:
   (1) The Secretary of Veterans Affairs’ motion to dis-
miss is denied.
    (2) Henderson’s brief is due 30 days from the date of
this order.

                                     FOR THE COURT

                                     /s/ Jan Horbaly
                                     Jan Horbaly
                                     Clerk

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