HDMI CEC issues

So I'm having some issues with my Apple TV 4. For some reason ever since I got my Apple TV ive had issues with CEC working properly. It works for controlling my devices and turning them on and off. The volume controls are what never worked properly. my work around has to enable HDMI control but control the volume over IR. Now that 9.2 is out when ever I turn on the Apple TV the setting reverts to control via HDMI which then causes volume issues. It won't keep the setting that I select. Is this a bug or do I just need to reset the apple tv to factory settings. I've tried power cycling and it does nothing.