       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

                HENRY P. MERCIER,
                 Claimant-Appellant,

                           v.

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

                      2013-7042
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-3384, Judge Alan G. Lance, Sr.
                ______________________

                     JUDGMENT
                ______________________

   AMANDA R. PHILLIPS, Ropes & Gray LLP, of Boston,
Massachusetts, argued for claimant-appellant.

     WILLIAM J. GRIMALDI, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States Depart-
ment of Justice, of Washington, DC, argued for respond-
ent-appellee. On the brief were STUART F. DELERY, Acting
Assistant Attorney General, JEANNE E. DAVIDSON, Direc-
tor, SCOTT D. AUSTIN, Assistant Director, and MICHAEL P.
GOODMAN, Trial Attorney. Of counsel on the brief were
MICHAEL J. TIMINSKI, Deputy Assistant General Counsel,
and MARTIE ADELMAN, Attorney, United States Depart-
ment of Veterans Affairs, of Washington, DC. Of counsel
was DAVID J. BARRANS, Deputy Assistant General Coun-
sel, United States Department of Veterans Affairs, of
Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



   PER CURIAM (LOURIE, MAYER, and O’MALLEY, Circuit
Judges).
           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


August 14, 2013            /s/ Danel E. O’Toole
    Date                       Daniel E. O’Toole
                               Clerk
