       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

            MARIELLA B. MASON
   (SUBSTITUTED FOR KENNETH B. MASON),
             Claimant-Appellant,

                           v.

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

                         AND

              FREDERICK TRAWICK,
                     Intervenor.
               ______________________

                      2012-7042
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-2969, Judge Mary J.
Schoelen.
                ______________________

                     JUDGMENT
                ______________________

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

   JAMES SWEET, 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 LARA EILHARDT, Staff
Attorney, United States Department of Veterans Affairs,
of Washington, DC. Of counsel was KEN LEE, United
States Department of Veterans Affairs, of Washington,
DC

    MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of
Washington, DC, argued for Intervenor. With him on the
brief were MICHAEL J. SCHAENGOLD and ELIZABETH M.
GILL.
                 ______________________

THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

   PER CURIAM (NEWMAN, SCHALL, and WALLACH, Circuit
Judges).

          AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT


January 28, 2013           /s/ Jan Horbaly
   Date                       Jan Horbaly
                              Clerk
