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Determination Letter Filing - missing interim amendments

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We're putting together a determination letter filing for the Cycle B restatement of a cash balance plan for a new client, and the client cannot find any interim amendments for their original document. Do we need to go through VCP for non-amenders before we apply for the determination letter? Or do we file for the determination letter, and then have the reviewer assist us with the correction?

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My understanding is that if you apply for a D letter and are "caught" having missed an interim amendment deadline, such as HEART, then you are no longer eligible to submit that problem under VCP because your submission places you "under exam" (see sections 4.02 and 5.07(3) of Rev Proc 2008-50). The IRS sanction should be higher than the usual VCP filing fee, but should be less than the usual audit cap fee, unless something else is found in addition to this problem.

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