Consistently overgrading, perhaps. Just call me an optimist. In all seriousness, I can't tell from the photos if this is toning, wear, or really what's going on in the cheek area. Sometimes you'll see mint state copper discolored on the high points, but when the coin is cartwheeled, you notice that it's just toning not a break in luster -- thus my comments.
Understand, I even considered that it might be just plain old dirt, but in the end I have to say AU and that it is wear.
There's a heavy amount of wear on the jawbone, cheekline, just above the ear and along the collar of the jacket, so it definitely can't be mint-state. It's hard to tell based on the picture (not enough resolution and contrast), but are some of those spots so worn that it's flattened? But that reverse looks absolutely fabulous - I would hazard AU-50.
I'm sure if this 22 no D wasn't in a slab.. I would have made a comment about an altered date.... It wouldn't have made much sense seeing as how weak struck it is... but that 2nd "2" looks WAY weird.