
    Gerald A. WESLEY, Claimant-Appellant, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, RespondentAppellee.
    No. 2008-7015.
    United States Court of Appeals, Federal Circuit.
    Nov. 25, 2008.
    Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.
    Allison Kidd-Miller, 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., Assistant Director. Of counsel were Michael J. Timinski, Deputy Assistant General Counsel, and Tracey P. Warren, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
    Before NEWMAN, SCHALL, Circuit Judges and PATEL, District Judge.
    
    
      
       Honorable Marilyn H. Patel, District Judge, United States District Court for the Northern District of California, sitting by designation.
    
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  