Alcoholics lose some VA benefits.

Alcoholics lose some VA benefits

The Supreme Court entered the contentious debate over the nature of alcoholism last week when it ruled 4 to 3 that the Veterans Administration (VA) can define alcoholism as the result of "willful misconduct" rather than as a disease in determining veterans' eligibility for education benefits.

The decision is fairly restricted, involving the extension of education coverage under the G.I. Bill. It is not expected to alter VA medical benefits or alcoholism treatment provided to veterans. Whether other government agencies or private insurance companies will consider denying benefits to alcoholics because of the ruling remains uncertain.

The case involves two veterans, both recovered alcoholics. Veterans generally must use education benefits within 10 years of discharge from active duty, with extensions allowed in cases of "physical or mental disability" not caused by "willful misconduct." Eugene Traynor and James P. McKelvey sought extensions on grounds their alcoholism was a disease that had disabled them during much of the 10-year eligibility period. The VA denied their claims, arguing the two were "primary alcoholics" whose drinking was not rooted in physical or mental illness.

In the majority opinion, the high court said Congress had "reasonably determined" that the federal government could classify primary alcoholics as "at least partly responsible" for their condition and that this does not constitute discrimination against the handicapped. The dissenting opinion contends the federal law protecting handicapped people requires individual determinations of whether a veteran's alcoholism flows from willful misconduct.

In the dissent, Justice Harry A. Blackmun writes that "these cases are not concerned with whether alcoholism, simplistically, is or is not a disease," a view point echoed in the majority opinion.