       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               JOHN W. CALDWELL,
                Claimant-Appellant,

                           v.

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

                      2010-7012
                ______________________

    Appeal from the United States Court of Appeals for
Veterans Claims in Case No. 07-2309, Chief Judge
William P. Greene, Jr.
                ______________________

                     JUDGMENT
                ______________________

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

    SCOTT D. AUSTIN, Senior 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 TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and MARTIN F. HOCKEY JR., Assistant Director.
Of counsel on the brief were DAVID J. BARRANS, Deputy
Assistant General Counsel, and DANA RAFFAELLI,
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 (NEWMAN, LOURIE, and BRYSON, Circuit
Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT



October 18, 2010        /s/ Jan Horbaly
Date                        Jan Horbaly
                                Clerk
