As an initial matter, neither Mr. Kaid's Amended Complaint nor his Declarations include any allegations about whether and when he submitted a claim on Form SF-95, which is what he “need[ed] to file . . . rather than form BP-8 to exhaust for purposes of the FTCA.” Treasure v. United States, No. 17 Civ. 971 (RRM) (PK), 2019 WL 1243877, at *3 (E.D.N.Y. Mar. 18, 2019); see Heffley, 2018 WL 10228398, at *5 n.6 (noting that where federal prisoner submitted BOP administrative complaints but did not file claim with BOP regional office or appeal to the General Counsel's office, he failed to satisfy FTCA exhaustion requirement); Jiminez v. United States, No. 11 Civ. 4593 (RJS), 2013 WL 1455267, at *5 (S.D.N.Y. Mar. 25, 2013) (finding that prisoner's submission of BOP administrative complaint forms did not satisfy FTCA exhaustion requirements); Fiore v. Medina, No. 11 Civ. 2264 (RJS), 2012 WL 4767143, at *7 n.5 (S.D.N.Y. Sept. 27, 2012)

(Dkt. No. 1 at ¶¶ 5, 7.) “Because [this is] admittedly [a] work-related injur[y], and because the IACA provides the exclusive remedy for [this] claim[], including any aggravation of th[is] injur[y] resulting from medical malpractice by prison officials, [Plaintiff] is barred from recovery under the FTCA.” Treasure v. United States, 17-CV-0971, 2019 WL 1243877, at *3 (E.D.N.Y. Mar. 18, 2019).

Absent such administrative exhaustion, a judicial action must be dismissed for lack of subject matter jurisdiction. See, e.g. , Treasure v. United States , No. 17-CV-971, 2019 WL 1243877 (E.D.N.Y. Mar. 18, 2019). In support of its motion to dismiss, defendant has submitted an affidavit of an employee of the VA who states that he has searched the records maintained by the VA's Office of the General Counsel, and found no administrative tort claim filed by plaintiff.

]" 28 C.F.R. § 14.2 (a). A plaintiff "needs to file form SF-95 rather than form BP-8 to exhaust for purposes of the FTCA." Treasure v. United States, 2019 WL 1243877, at *3 (E.D.N.Y. Mar. 18, 2019); see also Jiminez v. United States, 2013 WL 1455267, at *5 (S.D.N.Y. Mar. 25, 2013) ("Although Plaintiff had to file multiple forms—BP-8, BP-229, BP-230(13), BP-DIR-11—in order to exhaust administrative remedies prior to filing a Bivens action, these exhaustion requirements did not apply to his FTCA claim."). The FTCA establishes that "a tort claim against the United States 'shall be forever barred' unless it is presented to the 'appropriate Federal agency within two years after such claim accrues' and then brought to federal court 'within six months' after the agency acts on the claim."