       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

                 ROGER J. BROWN,
                    Petitioner,

                           v.

     DEPARTMENT OF VETERANS AFFAIRS,
                Respondent.
            ____________________

                      2010-3175
                ______________________

    Appeal from the Merit Systems Protection Board in
No. DE0432090182-I-3.
                ______________________

                     JUDGMENT
                ______________________

    MINNETTE BURGES, Burges Law Offices, of Tucson,
Arizona, argued for petitioner.

    JESSICA R. TOPLIN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent. With her on the brief were TONY WEST,
Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and REGINALD T. BLADES, JR., Assistant
Director.
               ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (RADER, Chief Judge, LOURIE and
O’MALLEY, Circuit Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT


May 10, 2011          /s/ Jan Horbaly
   Date                    Jan Horbaly
                              Clerk
