Volvo d13 engine brake not working after a warm engine start

I have a 2014 Volvo with a D13 672000 miles on it. My engine brake works fine on all three stages when I start it up for the day after the engine is cooled down. If I shut it off for a little bit and the engine does not cool down the engine brakes will not work in any stage. From what I am told there's only one solenoid and it only functions on stage 2 and 3 so to me it does not sound like it could be the solenoid because stage one is also not working. The mechanic I spoke to said stage 1 uses the turbo only. I have had a DPF and a DEF delete done on this truck. The guy who did the programming says it is not a programming issue and it must be mechanical. Nobody can tell me what the problem is. Has anybody experienced this and if so what was the resolution? Also because I know people will ask it is an I shift transmission so there is no clutch switch to check and the cruise control is fully functional.

 

I had the overhead done in may. So about 60 to 70,000 ago.

 

It's decent. Avg 6.5. Always lower in winter

 

With absolutely no other symptoms? Is there an PEG on the d13 like the d12 had?

 

It seems like if that were my situation it wouldn't matter that I can run the engine for a half hour or 10 hours and they work fine. But as soon as I shut the engine off and restart it even 30 seconds later all 3 stages stop working completely. It seems to me something is telling the Jake's to not work on a warm engine start.