Opinion
No. 2008-7094.
December 15, 2008.
On Appeal from the United States Court of Appeals for Veterans Claims, No. 06-1049, William P. Greene, Jr., Chief Judge.
Bryant S. Banes, Neel, Hooper Banes, P.C., of Houston, TX, argued for claimantappellant. With him on the brief was Sean D. Forbes.
Allison Kidd-Miller, 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 Gregory G. Katsas, 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 S. Adelman, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
NEWMAN, GAJARSA, and DYK, Circuit Judges.
Judgment
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R. 36.