       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  VICTOR ROSS,
                 Claimant-Appellant,

                           v.

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

                      2011-7025
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 09-963, Judge Alan G. Lance, Sr.
                ______________________

                     JUDGMENT
                ______________________

    MATTHEW J. DOWD, Wiley Rein LLP, of Washington,
DC, argued for the claimant-appellant. With him on the
brief were ROBERT J. SCHEFFEL and ADRIENNE JOHNSON.

    RENEE A. GERBER, Attorney, Commercial Litigation
Branch, Civil Division, United States Department of
Justice, of Washington, DC, argued for respondent-
appellee.   With her on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and KIRK T. MANHARDT, Assistant Director. Of
counsel on the brief was JONATHAN TAYLOR, Attorney,
United States Department of Veterans Affairs, of
Washington, DC.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (LINN, DYK, and PROST, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT



 January 18, 2012            /s/ Jan Horbaly
    Date                        Jan Horbaly
                                    Clerk
