I ordered a new valve from FCP euro instead of doing the rebuild kit (it will take more than a week to arrive), if it fails we'll see if I have don't issue with FCP Euro's lifetime warranty..
I went to a junkyard trying to find a used working DISA for 3.0 and can't find one. I saw one 330i but the owner removed the flap, covered the hole and let it run this way..so much for the wasted effort.. so went to another yard found 2005 325xi with a very good working DISA.. bought it and took out the plastic arm that holds the flap, replaced the arm on my broken DISA and it worked fine. The arm is basically stripped causing the flap to freely move..