       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                 ROGER R. GRUEN,
                 Claimant-Appellant,

                           v.

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

                      2011-7203
                ______________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 09-3603, Judge Robert N. Davis.
                ______________________

                     JUDGMENT
                ______________________

   MEREDITH L. BOYLAN, Venable LLP, of Washington,
DC, argued for claimant-appellant. With her on the brief
was MARTIN L. SAAD.

    DANIEL B. VOLK, 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.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

    PER CURIAM (RADER, Chief Judge, LINN and O’Malley,
Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                      ENTERED BY ORDER OF THE COURT



May 14, 2012               /s/ Jan Horbaly
   Date                       Jan Horbaly
                                  Clerk
