When encrypting to a user with a non-compliant S/MIME certificate but no OpenPGP certificate the keyresolver in VS-NfD mode would switch to OpenPGP and don't encrypt for the user. Which would be VS-NfD compliant. But when switching then to S/MIME through the radio button the non compliant certificate is selected but the dialog still shows "VS-NfD Compliant" even though the certificate is not.
It is likely just an update on the compliance status missing when the radio button is triggered. Once any certificate is changed the compliance status is correctly updated. And if "prefer S/MIME" is chosen it will anway start on the S/MIME page.