Opinion
No. 2008-7047.
November 14, 2008.
On Appeal from the United States Court of Appeals for Veterans Claims in Case No(s). 05-2867, William A. Moorman, Judge.
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.
Elizabeth A. Holt, 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., Deputy Director. Of counsel were David J. Barrans, Deputy Assistant General Counsel, Martie S. Adelman, Staff Attorney, and Y. Ken Lee, Staff Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
Before BRYSON, PLAGER, and DYK, Circuit Judges.
This CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
AFFIRMED. See Fed. Cir. R.36