William Howard Tinch, Cross-Appellant v. Harry N. Walters, in His Official Capacity as Administrator of the Veterans Administration, Cross-Appellee

KEITH, Circuit Judge.

This is an appeal by Harry N. Walters, in his official capacity as the Administrator of the Veterans Administration, from a decision of the United States District Court for the Eastern District of Tennessee. The issue presented is whether a V.A. regula tion, 38 C.F.R. § 3.301(c)(2), 1 which equates primary alcoholism with “willful misconduct” was rendered ineffective by the 1978 amendment to Section 504 of the Rehabilitation Act of 1973 (the Rehabilitation Act). 29 U.S.C. § 794. 2 Primary alcoholism, unlike other forms of the disease, is not attributed to underlying…