The first refund step is an automated tool that quickly grants it to you if you are eligible. A pre-ordered game that has not been played is! BUT there are limitations. The tool is not that smart and one of the things that people try to do is refund when they get a suspension or ban, despite knowing that their lack of game access is not a product defect.
In your case your Silence is not related to your D2R game launch issues right? It is for WoW, and while Silence does incur account wide penalties you may be able to appeal to have a human look it over.
Do that 
I might suggest being polite. If there is a technical issue keeping you from playing they may be willing to look past the silence seeing as it is unrelated to the refund request.