       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                LEROY B. MACKLEM,
                  Claimant-Appellee,

                           v.

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

                      2011-7034
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 08-1409, Judge Alan G. Lance, Sr.
                ______________________

                     JUDGMENT
                ______________________

    DREW C. ENSIGN, Latham & Watkins, LLP, of
Washington, DC, argued for the claimant-appellee. With
him on the brief were LORI ALVINO MCGILL and
CHRISTOPHER K. GRIECO. Of counsel on the brief was
MICHAEL R. VITERNA, Law Office of Michael R. Viterna, of
Belleville, Michigan.

    TARA K. HOGAN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellant. With her on the brief were TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and TODD M. HUGHES, Deputy Director. Of
counsel on the brief were DAVID R. MCLENACHEN, Deputy
Assistant General Counsel and MARTIE S. ADELMAN,
Attorney, United States Department of Veteran Affairs, of
Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, NEWMAN and
O’MALLEY, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT



 January 11, 2012          /s/ Jan Horbaly
     Date                     Jan Horbaly
                                   Clerk
