       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  PHILLIP ANDRE,
                  Claimant-Appellant,

                           v.

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

                      2010-7074
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 07-1109, Judge William P.
Greene, Jr.
               ______________________

                     JUDGMENT
                ______________________

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

    ALLISON KIDD-MILLER, Senior Trial Counsel,
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 MARTIN F. HOCKEY, JR., Assistant Director.
Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy
Assistant General Counsel, and Y. KEN LEE, Attorney,
United States Department of Veterans Affairs, of
Washington, DC. Of counsel was JAMIE L. MUELLER,
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, MOORE and
O’MALLEY, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT



March 8, 2011          /s/ Jan Horbaly
    Date                   Jan Horbaly
                               Clerk
