       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                KARL O. KOKESCH,
                 Claimant-Appellant,

                           v.

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

                      2010-7053
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 07-CV-3423, Judge Mary J.
Schoelen.
               ______________________

                     JUDGMENT
                ______________________

    DAVID E. BOELZNER, Goodman, Allen & Filetti, of
Richmond, Virginia, argued for claimant-appellant.

    CLAUDIA BURKE, Attorney, Commercial Litigation
Branch, Civil Division, United States Department of
Justice, of Washington, DC, argued for respondent-
appellee.   On the brief were TONY WEST, Assistant
Attorney General, JEANNE E. DAVIDSON, Director, BRIAN
M. SIMKIN, Assistant Director, and HILLARY STERN,
Attorney. Of counsel on the brief were MICHAEL J.
TIMINSKI, Deputy Assistant General Counsel, and Y. KEN
LEE, Attorney, Office of the 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 (GAJARSA, LINN, and        MOORE,   Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT




  November 8, 2010      /s/JanHorbaly
  Date                     Jan Horbaly
                            Clerk
