       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               NICOLO PORRIELLO,
                 Claimant-Appellant,

                           v.

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

                 ____________________

                      2011-7161
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in case No. 08-2731, Judge Robert N.
Davis.
               ______________________

                     JUDGMENT
                ______________________

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

    ALLISON KIDD-MILLER, Trial 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 SCOTT
D. AUSTIN, Assistant Director. Of counsel on the brief
were DAVID J. BARRANS, Deputy Assistant General
Counsel, and DANA RAFFAELLI, Attorney, United States
Department of Veterans Affairs, of Washington, DC.
                ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, DYK, and REYNA,
Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



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