1. For buffered tcp/udp case, if CONFIG_NET_ARP_SEND/CONFIG_NET_ARP_IPIN/CONFIG_NET_ICMPv6_NEIGHBOR isn't enabled and the table doesn't contain ip<->ethaddr mapping yet, the logic will skip the realtransmission and then arp/neighbor can't steal the final buffer to generate arp/icmpv6 packet.
2.for all other case, the tcp layer or user program should already contain the retransmit logic, the check is redundancy and may generate many duplicated packets if arp/icmpv6 response is too slow because the cursor stop forward. If user still concern about the very first packet lost, he could fix the issue by enabling CONFIG_NET_ARP_SEND/CONFIG_NET_ICMPv6_NEIGHBOR at begin.