JUDGMENT
This Cause having been heard and considered, it is
*765OrdeRed and Adjudged:
AFFIRMED. See Fed. Cir. R. 36.
No. 2011-7186.
United States Court of Appeals, Federal Circuit.
Aug. 20, 2012.
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.
Scott D. Austin, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were Stuart F. Delery, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Brian M. Simkin, Assistant Director, and Elizabeth M. Hosford, Senior Trial Counsel. Of counsel on the brief were Michael J. Ti-minski, Deputy Assistant General Counsel, and Amanda R. Blackmon, Attorney, United States Department of Veteran Affairs, of Washington, DC.
NEWMAN, LOURIE, and O’MALLEY, Circuit Judges.
JUDGMENT
This Cause having been heard and considered, it is
*765OrdeRed and Adjudged:
AFFIRMED. See Fed. Cir. R. 36.
475 F. App'x 764
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