Subverting TCP leads to all sorts of problems around congestion(which you can no longer filter on because which TCP streams are being non-compliant?) that it just should not be done.
Then you get 6,7. Is 4 still out there? You've got 3 packets in your pocket, waiting for 4. That adds up too.
TCP gives you some idea of what packets you SHOULD have received, so you can respond better. UDP doesn't have any windowing etc so you have no idea.
Generally if you're hitting cases where TCP is causing you grief and you need to reach for UDP you've already got enough context to understand your congestion problems/etc.
We've been doing this in game-dev for decades, ditto the voip space so it's not like you don't have a wealth of knowledge to draw from if you're really stumped.
Most folks use some UDP-based protocol package instead of reinventing the wheel. Its not rocket science, but it isn't trivial. Defining your own packets to do all the flow stuff is just work, like any other programming task.
I've built variations of UDP based protocols 4 or 5 different times over my career. I'm literally in the middle of this right now with the radio framing protocol I've been developing. I really think you're making it out to be much harder than it is.
It focuses narrowly on a congestion control protocol, and is intended to be combined which whichever datagram-based protocol you have lying around that might be suffering from congestion issues.
Specially when compared with creating and using a user space IP protocol like was done here, or adding a new one into the kernel.
Don't underestimate how often packets are received out of order. There's even a consumer DSL modem that swaps every odd UDP packet with every even one - I had to compensate for this in a VOIP product. Using TCP in this bastardized way would cure that. That said, I tend to agree its a poor idea to use TCP in this way. The famous book on IP used to list 8 protocol possibilities (only 2 commonly survive today, UDP and TCP) of which streaming and packet reordering was a valid combination (without acking/retransmitting). Don't know what it was called, but that's what being attempted here.
But reordering also happens simply by examining received packets in a burst, and putting them right.
So its six of one and a half-dozen of the other I guess. Sorry for coming off so abrupt.