Either max settings or with yitch config, it stays on 90fps, im trying to get it to constant 125.. so why wouldn't the config be making a difference?

did u check to make sure that ur fps cap isn't set to that? just type /com_maxfps 250 see if anything changes

i set it to 0 on both, and it stays at 90fps, i should be getting more than that with a 9800gtx+, i get about 180 on cod2 and cod4, but stays at 90 on cod5

Double check your sync setting (you don't want Sync all frames)
Also...do a vid_restart in the game. I had a similar problem the other day. The fps got stuck at 80, even tho i did a maxfps 0. I think there's a freaky bug in there somewhere...doesn't happen all the time.

I did a vid_restart and it fixed the problem.

should have mentioned i did all that before, ive even reinstalled drivers and used driver cleaner.. i used to be able to get over 100, now with new drivers.. my fps is stuck at 92 lol

This is a weird one i must say...ok...so i have some dumb questions...(more info is better here)...

1. At one time, were you ever getting higher fps? If so, what was the max fps?
2. Did you change your drivers recently? If so rolling them back help?
3. I've noticed an interaction between my cod4 config and my cod:ww config, some settings seem to carry over from one game to the other...havent investigated that too much...I'm sure you have confirmed all the com_maxfps values are correct.
4. Are you executing additional (high fps) configs from within your stock config or are you running a modified config?

ive tried the drivers that came with the card, not sure how old they are.. how old is the 9800gtx+? lol and the one before the update and now the updated drivers, all have been set to /com_maxfps 0

i've only tried stock and the yitch config... i eve tried yitch3 and got the same result lol.. yet my friend got over 100fps with yitch3 on waw

Any luck with your FPS?