       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                 DAVID W. MCBETH,
                  Claimant-Appellant,

                           v.

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

                      2012-7014
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-0832, Judge Lawrence B.
Hagel.
               ______________________

                     JUDGMENT
                ______________________

   VIRGINIA A. GIRARD-BRADY, ABS Legal Advocates,
P.A., of Lawrence, Kansas, argued for claimant-appellant.

    MATTHEW F. SCARLATO, Trial Attorney, Commercial
Litigation 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 KIRK T. MANHARDT, Assistant
Director. Of counsel on the brief were MICHAEL J.
TIMINSKI, Deputy Assistant General Counsel, United
States Department of Veterans Affairs, of Washington,
DC.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LINN, REYNA, and WALLACH, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



October 10, 2012                /s/ Jan Horbaly
   Date                             Jan Horbaly
                                    Clerk
