I was about to give up I went by a salvage yard to get a VSS to see if it acted any different than mine but no luck there.I talked to the tech at the dealer this morning he said I might try something and it worked I ran the car up to 70 mph shut off the engine and depressed the accelerator ,I did this a few times when I got off the ramp 1&2 gears were back. He said since his thought was that it was a blockage in the valve body that this old trick might work by increasing pressure,he had success with this with in earlier cable trans but had never tried it on a electronic.Now I guess I will drop the pan and put a filter on it the fluid and filter were changed 5000 miles ago and still looks clean but must have something in it.The car has 167000 miles on it would anybody recommend a flush at this mileage?

I wouldn't. You might cause another blockage. I'd pan drop and change the filter.