       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

              HENRY E. SLAYTON, JR.,
                 Claimant-Appellant,

                           v.

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

                      2012-7100
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-3240, Judge Bruce E. Kasold.
                ______________________

                     JUDGMENT
                ______________________

    THOMAS R. BENDER, Chisholm Chisholm & Kilpatrick,
Ltd., of Providence, Rhode Island, argued for claimant-
appellant. Of counsel was ROBERT VINCENT CHISHOLM.

    STEVEN M. MAGER, Trial Attorney, Commercial Liti-
gation 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 SCOTT D. AUSTIN, Assistant Director. Of
counsel were MICHAEL J. TIMINSKI, Deputy Assistant
General Counsel, and TRACEY PARKER WARREN, Attorney,
United States Department of Veterans Affairs, of Wash-
ington, DC.
                 ______________________
THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS

ORDERED AND ADJUDGED:

   PER CURIAM (NEWMAN, PROST, and O’MALLEY, Circuit
Judges).

          AFFIRMED. See Fed. Cir. R. 36.


                     ENTERED BY ORDER OF THE COURT



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