Richard S. Milbauer v. United States
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Richard Milbauer, pro se, appeals the dismissal of his complaint, brought against the United States for alleged negligence by the U.S. Department of Veterans Affairs (“VA”). We affirm in part, vacate in part, and remand.
I. BACKGROUND
In September 2005, Milbauer sought treatment at a VA medical center in Brooklyn, New York (“the Brooklyn VA”), for injuries he had sustained to his right, shoulder in two work-related accidents at a construction site. Medical staff recommended he receive an MRI to diagnose his injuries. Because of his claustrophobia, Milbauer requested an “open” MRI, a type of MRI…
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