Thanks for the quick reply.  I wasn't the original questioner you answered in this subject  area:   "Virginia Tax - Forces people to take the age deduction no matter what even when it denies them the earned income credit - major error"--   I came across your answer to his question  a few days later when researching the subject.

It seems several folks have tried what you recommended and it doesn't work in the software.  If you revisit that string you will see I contacted Virginia Dept of Revenue on Monday, Feb 9, .and they confirmed that taxpayers should be able to decline the age deduction to receive the refundable EIC.  I told them software was not allowing it and they said "well then that is a software problem" . 

Can you get it to work?  If not perhaps this requires the software team . 

Thanks again