Kelly v. Shinseki

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ROSIE L. KELLY, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ____________________ 2012-7062 ______________________ 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 January 15, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk