Disclosed are mobile communication devices and methods of a mobile communication device that determines that no response has been received within a predetermined period of time from a network to a transmission of an encoded data block in accordance with a commanded MCS. The device then determines an alternative MCS capable of coping better with variations in the radio environment with minimal damage or alteration than the commanded MCS and preemptively transmits the encoded data block in accordance with this more robust alternative MCS. In this way the mobile communication device does not continue failed attempts to transmit data in accordance with the commanded MCS. After the device receives notice of successful transmission of the encoded data block with the alternative MCS, the device will resume the use of the commanded MCS to transmit subsequent encoded data blocks.