what do i need todo in order to get this to show on the window when directx is rendering, this is for window mode btw as i know it wont work in full screen mode, ive tried setting these values

d3dpp.BackBufferWidth = SCREEN_WIDTH;
d3dpp.BackBufferHeight = SCREEN_HEIGHT-100;

http://imageshack.us/f/152/filemenupic.jpg

thanks if you can help

I'm not sure if this is going to be close or not. I'm taking a stab in the dark.

If you have already created the menu and got it showing, before adding DirectX then:

I remember when I added a status bar to my window for my DirectX11 app I had the problem where when rendering that the status bar was not visible.
I found out that when creating your window, you need to specify the flag: WS_CLIPCHILDREN, which excludes the area occupied by child windows when drawing occurs within the parent window.

Hope this is relevant, as you've not given much detail about how you created your window.

the created window is in the .rc file, look at a default win32 application then you will know what i mean