Grad-type approaches introduce an ansatz involving tensor Hermite functions with coefficients expresed in terms of moments of the ansatz. This formalism in usual form yields terms linear in first-order spatial derivatives in kinetic equations for the moments. Such terms disagree with alternative statistical derivations and phenomenological arguments. This disagreement is removed if different ansatzes are used to calculate entropy and moment equations. These are non-unique, and so Grad theory, while providing theoretical expressions for transport coefficients, does not serve uniquely to determine the structure of phenomenological equations.