@DrBeaker Got more progress, after doing some more digging, there was a few other patches, all changes included below from the 5.10.28 -> 5.10.37 for a couple of issues
patch
Boot the system, but once it sets the link speed and after initial scan after it boots it goes straight into pci fault error, I thought I might of screwed up the compile, tried again and then i tested on a fresh install on 6.8.3, but same issue on the pci fault error and tested in my g8 dl380p and ilo shows pci bus error on the card.
Sadly i might of made progress, if you wanted to give it a try, but appears the card I had sitting around is defective so I can't test any further hopefully this helps but I can't test any further as I will need to pick up a new card it appears anyways.