Opinion
2012-7062
01-15-2013
ROSIE L. KELLY, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee.
KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant. ERIC P. BRUSKIN, Trial Attorney, 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, MARTIN F. HOCKEY, JR. Assistant Director, and JAMES SWEET, Trial Attorney. Of counsel on the brief was MICHAEL J. TIMINSKI, Deputy Assistant General Counsel and TRACEY WARREN, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.
NOTE: This disposition is nonprecedential.
Appeal from the United States Court of Appeals for Veterans Claims in case no. 09-4018, Judge Mary J. Schoelen.
JUDGMENT
KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.
ERIC P. BRUSKIN, Trial Attorney, 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, MARTIN F. HOCKEY, JR. Assistant Director, and JAMES SWEET, Trial Attorney. Of counsel on the brief was MICHAEL J. TIMINSKI, Deputy Assistant General Counsel and TRACEY WARREN, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:
PER CURIAM (DYK, BRYSON, and MOORE, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
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Jan Horbaly
Clerk