       NOTE: This disposition is nonprecedential.


  United States Court of Appeals
      for the Federal Circuit
                ______________________

               ERNEST R. ELLIS, SR.,
                 Claimant-Appellant,

                           v.

 ERIC K. SHINSEKI, Secretary of Veterans Affairs,
              Respondent-Appellee.
             ______________________

                      2013-7028
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 11-0012, Judge William A. Moor-
man.
               ______________________

                     JUDGMENT
                ______________________

   PETER J. SEBEKOS, of Niagara Falls, New York, ar-
gued for claimant-appellant.

    TARA K. HOGAN, Trial Attorney, Commercial Litiga-
tion Branch, Civil Division, United States Department of
Justice, of Washington, DC, argued for respondent-
appellee. With her on the brief were STUART F. DELERY,
Acting 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 MARTIE ADELMAN, Attor-
ney, Office of the General Counsel, United States De-
partment of Veterans Affairs, of Washington, DC.
                 ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:



   PER CURIAM (PROST, O’MALLEY, and TARANTO, Circuit
Judges).
           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT


  August 26, 2013          /s/ Daniel E. O’Toole
      Date                     Daniel E. O’Toole
                               Clerk
