JUDGMENT
This Cause having been heard and considered, it is
*715Ordered and Adjudged:
AFFIRMED. See Fed. Cir. R. 36.
No. 2009-7054.
United States Court of Appeals, Federal Circuit.
Sept. 13, 2010.
Albert W.L. Moore, Jr., Attorney at Law, of Independence, MO, argued for claimant-appellant.
Ellen M. Lynch, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her 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 Jamie L. Mueller, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
Before RADER, Chief Judge, LINN, and DYK, Circuit Judges.
JUDGMENT
This Cause having been heard and considered, it is
*715Ordered and Adjudged:
AFFIRMED. See Fed. Cir. R. 36.
394 F. App'x 714
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