       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  ALVARO J. RUIZ,
                  Claimant-Appellant,

                           v.

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

                      2011-7106
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-2237, Judge William P.
Greene, Jr.
               ______________________

                     JUDGMENT
                ______________________

    RONALD L. SMITH, Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP, of Washington, DC, argued for
claimant-appellant. Of counsel were AARON PARKER; and
VIRGINIA L. CARRON and ARMON SHAHDADI, of Atlanta,
Georgia.

    SCOTT D. AUSTIN, Assistant Director, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, for
respondent-appellee. Of counsel 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 were DAVID J. BARRANS, Deputy
Assistant General Counsel and JONATHAN E. TAYLOR,
Attorney, United States Department of Veterans Affairs,
of Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LINN, DYK, and O’MALLEY, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



February 14, 2012            /s/ Jan Horbaly
     Date                       Jan Horbaly
                                   Clerk
