I'd say MS66 and what appears to be 5 FS unless the shading is obscuring the 6th step. What's going on with the T in STATES on the reverse though? Is that part of the coin or possibly something foreign that made it's way into the picture?
I'm not sure what that is actually at the T in States. I believe the 6th step is good just hidden by a bit of a shadow.
Looks MS66, perhaps even MS67 to me, and full stepped. Nice color with the splash of gold over bluish background. I like it!
Golden toned. Couple/few light contact marks above ear area in wig. Small lamination on T in STATES several minor rim hits on reverse and a small hit to the right of thewindow on the mintmark side. I would give this dazzling 1940 D an easy MS66 FS (5.5 steps) unless that's a cut in the bottom three steps under the 3rd pillar. However, TPG's seem to be more forgivivng than the old school full steppers critics. perhaps MS66+ FS toned.