NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELMER L. AYERS,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
____________________
2011-7060
______________________
Appeal from the United States Court of Appeals for
Veterans Claims, in Case No. 08-3860, Judge Bruce E.
Kasold.
______________________
JUDGMENT
______________________
KENNETH M. CARPENTER, Carpenter, Chartered, of
Topeka, Kansas, argued for claimant-appellant. On the
brief was SEAN A. RAVIN, of Washington, DC.
ERIC P. BRUSKIN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellee. With him on the brief were TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and FRANKLIN E. WHITE, JR., Assistant Director.
Of counsel on the brief were DAVID J. BARRANS, Deputy
Assistant General Counsel, United States Department of
Veterans Affairs, of Washington, DC.
______________________
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
PER CURIAM (NEWMAN, PROST, and REYNA, Circuit
Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
October 15, 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk