It's a good question and I get your point.
I think I read somewhere that - "ONTAP does not advertise the Kerberos service for Remote VSS; therefore, the domain should be set to allow ntlmv2."
So, you just want to run the hypver-v VMs on file-share (SMB3.0) and without their protection for vss-aware-applications?
Regarding - CVE-2022-38023:
If you are purely 'kerberos' authenticated environment, this advisory will not impact. But, for your hyper-v envrionemnt, b'cos ONTAP does not advertise the Kerberos service for Remote VSS, it needs to be enabled. And, if you enable this service, then you must comply with the patched ONTAP version otherwise, Domain (RequireSeal:2 is set) will reject it.
Does CVE-2022-38023 have any impact to ONTAP 9?
https://kb.netapp.com/onprem/ontap/da/NAS/Does_CVE-2022-38023_have_any_impact_to_ONTAP_9
I would raise a ticket with NetApp to find out how to deal with this? and if you get feedback then please do share with us.