SMITH v. SHINSEKI , No. 13-7078 (Fed. Cir. 2013)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ FRANK S. SMITH, Claimant-Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. ______________________ 2013-7078 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-2714, Chief Judge Bruce E. Kasold. ______________________ JUDGMENT ______________________ TRAVIS JAMES WEST, Solheim Billing & Grimmer, S.C., of Madison, Wisconsin, argued for claimantappellant. WILLIAM J. GRIMALDI, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondentappellee. On the brief were STUART F. DELERY, Assistant Attorney General, JEANNE E. DAVIDSON, Director, SCOTT D. AUSTIN, Assistant Director, and ERIC P. BRUSKIN, Trial Attorney. Of counsel on the brief were DAVID J. BARRANS, Deputy Assistant General Counsel, and MARTIE ADELMAN, Attorney, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (O MALLEY, WALLACH, and TARANTO, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT December 12, 2013 Date /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court