       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               DAVID W. MAYBERRY,
                 Claimant-Appellant,

                           v.

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

                      2011-7136
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-2229, Judge Alan G.
Lance, Sr.
               ______________________

                     JUDGMENT
                ______________________

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

    NICHOLAS JABBOUR, 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, Assistant Director. Of
counsel on the brief were DAVID J. BARRANS, Deputy
Assistant General Counsel, and MICHAEL G. DAUGHERTY,
Attorney, United States Department of Veterans Affairs,
of Washington, DC.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (PROST, MOORE, and WALLACH, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



May 11, 2012                 /s/ Jan Horbaly
  Date                          Jan Horbaly
                                    Clerk
