       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               RUSSELL W. BURTON,
                 Claimant-Appellant,

                           v.

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

                      2012-7011
                ______________________

    Appeal from the United States Court of Appeals for
Veterans Claims in Case No. 09-2873, Chief Judge Bruce
E. Kasold.
                ______________________

                     JUDGMENT
                ______________________

    SCOTT J. POPMA, Finnegan, Henderson, Farabow,
Garrett & Dunner, LLP, of Washington, DC, argued for
claimant-appellant. With him on the brief were J.
MICHAEL JAKES and RONALD L. SMITH.

    ELIZABETH M. HOSFORD, Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellee.    On the brief were STUART F.
DELERY, Acting Assistant Attorney General, JEANNE E.
DAVIDSON, Director, MARTIN F. HOCKEY, JR., Assistant
Director, and TARA K. HOGAN, Attorney. Of counsel on the
brief were DAVID J. BARRANS, Deputy Assistant General
Counsel, and CHRISTA A. SHRIBER, Attorney, United
States Department of Veterans Affairs, of Washington,
DC.
                 ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, LOURIE, Circuit Judge
and DANIEL, Chief Judge 1 ).


              AFFIRMED. See Fed. Cir. R. 36.

                             ENTERED BY ORDER OF THE COURT



October 4, 2012                     /s/ Jan Horbaly                   _
    Date                               Jan Horbaly
                                           Clerk




1
  Honorable Wiley Daniel, Chief Judge, United States District Court for
the District of Colorado, sitting by designation.
