In aspects of the present disclosure, a user equipment receives inter-NodeB multi-point transmissions, and a multipoint aggregation component detects a gap in the sequence numbers, delays transmitting a not acknowledged signal (NAK) by starting a NAK delay timer, and transmits, by a transceiver, NAK for the gap in sequence numbers in response to the NAK delay timer expiring and detecting that the gap has not been filled during the delaying. If the Medium Access Control (MAC) entity as the respective NodeB identifies itself to the Radio Link Control (RLC), out-of-order delivery (skew) can eventually be distinguished from genuine data loss before the NAK delay timer expires based upon tracking the highest sequence numbers received. Adaptive NAK delay timer can be performed by monitoring skew duration.