          NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                 ______________________

              BARNETT R. BENJAMIN,
                 Claimant-Appellant,

                              v.

               Eric K. Shinseki,
      SECRETARY OF VETERANS AFFAIRS,
             Respondent-Appellee.
            ______________________

                       2012-7127
                 ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-2420, Judge Donald L. Ivers.
                ______________________

                      JUDGMENT
                 ______________________

    THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick,
Ltd., of Providence, Rhode Island, argued for claimant-
appellant. Of counsel on the brief was CHRISTOPHER J.
CLAY, Disabled American Veterans, of Cold Springs,
Kentucky. Of counsel was ZACHARY STOLZ, of Chisholm
Chisholm & Kilpatrick, Ltd., of Providence, Rhode Island.
    ELIZABETH M. HOSFORD, Senior Trial Counsel, Com-
mercial Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellee. With her on the brief were STUART
F. DELERY, Principal Deputy 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 JOSHUA P. MAYER, Attorney, United States Depart-
ment of Veterans Affairs, of Washington, DC.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, BRYSON, and DYK, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.



                      ENTERED BY ORDER OF THE COURT




March 13, 2013                /s/ Jan Horbaly
   Date                           Jan Horbaly
                                    Clerk
