Edit: Ignore this post.
The problem was on my side, re-installed the drivers (190.38) and problem is gone, now its running again in D3D 10, i suspect using nHancer to tinker with some options) might have leading the game into D3D9.
[strike]Seems Battleforge is another to get in the shame list, apparently not sure why, now when i run it it will run in D3D9 leaving SSAO disabled, wich previously before the last patch or 2 not sure, it would run in D3D10 and i could enable or disable SSAO now its just grayed out.
Now im not sure if this is due to something else, but i havent made any drastic changes software is the same (vista 32 and latest WHQL drivers), so it leads me to assume this was deliberatly made!
If so, not cool!
Anyone here with a D3D10 nvidia graphics card to test it? Maybe the problem is on my side.[/strike]