       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                   DAVID A. BOYD,
                  Claimant-Appellant,

                           v.

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

                 ____________________

                      2012-7004
                ______________________


   Appeal from the United States Court of Appeals for
Veterans Claims in No. 09-3196, Judge Alan G. Lance, Sr.
                ______________________

                     JUDGMENT
                ______________________

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

    ALEX P. HONTOS, 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 STUART
F. DELERY, Acting Assistant Attorney General, JEANNE E.
DAVIDSON, Director, and MARTIN F. HOCKEY, JR.,
Assistant Director. Of counsel on the brief were MICHAEL
J. TIMINSKI, Deputy Assistant General Counsel, and
CHRISTA A. SHRIBER, Staff Attorney, United States
Department of Veterans Affairs, of Washington, DC.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, DYK, and MOORE, Circuit
Judges.


           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



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