       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                  ROSIE L. KELLY,
                  Claimant-Appellant,

                           v.

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

                      2012-7062
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case no. 09-4018, Judge Mary J.
Schoelen.
               ______________________

                     JUDGMENT
                ______________________

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

    ERIC P. BRUSKIN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellee.   On the brief were STUART F.
DELERY, Acting Assistant Attorney General, JEANNE E.
DAVIDSON, Director, MARTIN F. HOCKEY, JR. Assistant
Director, and JAMES SWEET, Trial Attorney. Of counsel on
the brief was MICHAEL J. TIMINSKI, Deputy Assistant
General Counsel and TRACEY WARREN, Staff Attorney,
United States Department of Veterans Affairs, of
Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (DYK, BRYSON, and MOORE, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



January 15, 2013             /s/ Jan Horbaly
    Date                        Jan Horbaly
                                    Clerk
