
    Pedro P. DEL ROSARIO, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.
    No. 2009-7058.
    United States Court of Appeals, Federal Circuit.
    March 2, 2010.
    
      Mark R. Lippman, The Veteran Law Group, of La Jolla, CA, argued for claimant-appellant.
    Martin F. Hockey, Jr., Assistant Director, 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 Todd M. Hughes, Deputy Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
    Before MICHEL, Chief Judge, RADER, Circuit Judge, and FOLSOM , District Judge.
    
      
       The Honorable David Folsom, Chief District Judge, of the Eastern District of Texas, sitting by designation.
    
   Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.

Before MAYER, SCHALL, and GAJARSA, Circuit Judges.  