Mason v. Dva

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MARIELLA B. MASON (SUBSTITUTED FOR KENNETH B. MASON), Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee, AND FREDERICK TRAWICK, Intervenor. ______________________ 2012-7042 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in case no. 08-2969, Judge Mary J. Schoelen. ______________________ JUDGMENT ______________________ KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant. JAMES SWEET, 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 STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and LARA EILHARDT, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was KEN LEE, United States Department of Veterans Affairs, of Washington, DC MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of Washington, DC, argued for Intervenor. With him on the brief were MICHAEL J. SCHAENGOLD and ELIZABETH M. GILL. ______________________ THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS ORDERED AND ADJUDGED: PER CURIAM (NEWMAN, SCHALL, and WALLACH, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT January 28, 2013 /s/ Jan Horbaly Date Jan Horbaly Clerk