from datasheet of my LED i saw that anode and heatsink are connected:
**broken link removed**
and my lm317 driver i tested it with multimeter set to measure amps, when i put one terminal of the multimeter on minus of the battery and the other terminal to output of the driver,
and connect the input of the lm317 driver to positive of the battery, it is shorted out by the multimeter that way an it reads 0,82 amps = 820 ma
so it is shorted out and still limiting the current but it gets hot, i mounted the lm317 on a heatsink with 5 x 5 fan on it.
The diode probably died because it was shorted out and caused spikes in current and produce large reverse-voltage spikes as Zabb Csaba said above.
i will order a new led ( infrared again probably 940 nm ) and next time be careful with all the contacts