       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               DAVID R. MARSHALL,
                Claimant-Appellant,

                           v.

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

                      2011-7027
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 09-48, Chief Judge Bruce E.
Kasold.
               ______________________

                     JUDGMENT
                ______________________

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

    STEVEN M. MAGER, 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.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


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