       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

           JOSEPH F. GERMINARO, JR.,
               Claimant-Appellant,

                           v.

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

                      2011-7131
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-0573, Judge Mary J. Schoelen.
                ______________________

                     JUDGMENT
                ______________________

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

    MICHAEL P. GOODMAN, 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 BRIAN M. SIMKIN, Assistant Director. Of
counsel on the brief were MICHAEL J. TIMINSKI, Deputy
Assistant General Counsel, and MARTIN J. SENDEK,
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, CLEVENGER and
REYNA, Circuit Judges).


           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


March 12, 2012               /s/ Jan Horbaly
   Date                         Jan Horbaly
                                   Clerk
