       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               JOHN F. MCBURNEY,
                Claimant-Appellant,

                           v.

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

                      2010-7013
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in Case No. 08-4015, Judge Robert N.
Davis.
               ______________________

                     JUDGMENT
                ______________________

   MARK J. MCBURNEY, McBurney & McBurney, of
Pawtucket, Rhode Island, argued for claimant-appellant.

    P. DAVIS OLIVER, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, for
respondent-appellee. On the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, KIRK T. MANHARDT, Assistant Director, and
MEREDYTH COHEN HAVASY, Trial Attorney. Of counsel on
the brief were DAVID J. BARRANS, Deputy Assistant
General Counsel, and Y. KEN LEE, Attorney, United
States Veterans Affairs, of Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (NEWMAN, LOURIE, and MOORE, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT




January 24, 2011           /s/ Jan Horbaly
    Date                       Jan Horbaly
                                 Clerk
