Multiple CUDA/RTX/Vulkan application crashing with Xid (13,109) errors

yeah its very consistent, both the modded diablo 2 and jedi fallen order makes it instantly Xid on launch, dropping back to 520.56.06 it runs but with that nv_drm_fence_context_create_ioctl upon launch , any performance drops ive found so far has been with hogwarts legacy and it seems to be something like the VRAM Allocation Issues - #11 by an9949an once it reaches to high vram usage it begins slowing down until its rather unplayable until i reboot/restart the game and get a few more hours out of it.