Occasionally, when I attempt to toss out my flak, nothing will happen. However, the skill will have to recharge. It might be because I tap x right as it becomes avaliable to use. I haven't really tested it, though it has happened to me plenty.
From the known issues list: Using a skill as soon as it finishes sometimes eats the skill with out effect - lag related issue Best bet is to wait 2-3 seconds after its full before using it. Not sure how much they can do to fix the problem either.